The possibility to use criminal evidence within the European Union raises a lot of practical difficulties. While the question of searching and obtaining transnational evidence is a real matter of concern for the European Council–which again recently suggested a project for a Directive on the European Investigation Order in criminal matters–there is no proper regulation on the admissibility of such evidence. Though, in order to ensure efficient repression of cross-border offences, it is necessary to determine the manner in which a piece of evidence obtained in a Member State will be admissible before another Member State's criminal court. The principle of mutual recognition may settle this matter of the admissibility of criminal evidence between Member States but this method is not self-sufficient and its efficiency depends on the creation of common rules in this area.
- The admissibility of evidence in criminal proceedings between European Union Member States, European Criminal Law Review