Der Rahmenbeschluss über die Europäische Beweisanordnung zur Erlangung von Sachen, Schriftstücken und Daten zur Verwendung in Strafsachen
The result can be stated as follows: - The Framework Decision on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters will eventually lead to the substitution of the traditional Legal Assistance proceedings. The obtaining of objects, documents and data for use in criminal matters is now based on the principle of mutual recognition. - The Framework Decision on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters must be measured against liberty securing sub- constitutional and constitutional criminal (procedural) Principles of a United Europe that comes with the Principles of Enlightenment. In particular, the Framework Decision on the European evidence warrant should comply with the principles of criminal and criminal proceeding Principles that arise out of the jurisprudence of the European court of Justice, the Charta of fundamental Rights, the European Convention on Human Rights and the member based constitutions and rooted in the tradition of Enlightenment and not violate Community law. - With the Framework Decision on the European evidence warrant the council has exceeded its competence and violated the Principle of Subsidiarity and Proportionality. - The Framework Decision on European evidence warrant is does not protect the execution of the lawful rights of the European citizens in the European territory of freedom, security, and justice but undermines these rights. - The increase in efficiency that is associated with the implementation of the European evidence warrant...
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