EU: Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty by Steve Peers, Professor of Law, University of Essex:


EU: Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty (pdf) by Steve Peers, Professor of Law, University of Essex:

"the combined abolition of dual criminality and territoriality requirements represents both a fundamental threat to the rule of law in criminal law matters – which is required by Article 7 ECHR (legal certainty of criminal offences) and Article 8 ECHR in this field (invasions of privacy must be in accordance with the law) – and an attack on the national sovereignty of Member States, which would in effect lose their power to define what acts are in fact criminal if committed on the territory of their State."

For example: "The combination of these changes would mean that a person who committed an act which is legal in the Member State where the act was carried out could be subject to body, house and business searches, financial investigations, some forms of covert surveillance, or any other investigative measures within the scope of the Directive as regards any ‘crime’ whatsoever which exists under the law of any other Member State, if that other Member State extends jurisdiction for that crime beyond its own territory."

 

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