The European Evidence Warrant: Mutual Recognition and Mutual (Dis)Trust?

The European Evidence Warrant (EEW) is a key element of the EU’s attempt to improve criminal justice co-operation within Europe. The evidence warrant build on the European Arrest Warrant (EAW) and several other Framework Decisions that are based on the principle of mutual recognition to develop more integrated EU criminal justice. It aims to facilitate speedier co-operation in the transfer of evidence between Member States in criminal proceedings. This essay critically analyses the evidence warrant and considers what its adoption can tell us about the development of mutual recognition in EU criminal justice. The central argument is that the European Evidence Warrant demonstrates the tensions of enforcement-led criminal justice co-operation in the absence of mutual trust. It concludes that the Stockholm Programme offers the potential for change towards more complete criminal justice co-operation or the continuation of the status quo. Section 1 critically analyses the historical background to the evidence warrant. Section 2 considers the adoption of the Framework Decision on the European Evidence Warrant and examines how the measure contributes to European criminal justice. Section 3 examines mutual recognition and mutual trust in light of the evidence warrant legislation. Finally, section 4 considers the future for criminal justice co-operation and evidence transfer under the newly adopted Lisbon Treaty and Stockholm Programme. While the focus in this essay is on the evidence warrant, certain aspects of the debate concerning the arrest warrant are raised insofar as they shed light on the development of mutual recognition and co-operation in criminal justice.