Theodore Christakis, Professor of International at the University Grenoble Alpes and Senior Fellow at the Cross-Border Data Forum, has a published a new article examining the right of European Union Member States to review European Production Orders under the draft E-Evidence framework. Prof. Christakis looks at Statewatch’s recently released key EU Council documents on the E-Evidence negotiations, written comments from Member States, and Professor Martin Böse’s recent LIBE Committee-commissioned study on the Commission’s proposals on electronic evidence.
Prof. Christakis’s article tackles the subject in five parts:
- A background on the E-Evidence draft Directive and Regulation;
- An examination of the E-Evidence Framework’s “review procedure” for resolving potential conflicts of law between requesting Member States, executing Member States, and third-party Member States whose fundamental interests are impacted;
- A look at the recently revised text presented to the EU Council in September 2018 that weakened this review procedure;
- A look at seven reasons why it is problematic for the revised draft to weaken the review procedure for the executing and third-party Member States; and
- A look at alternative proposals from Germany, Finland, and Sweden on how the review procedure should function to better protect the rights of all stakeholders in the process.
The full article is available here.