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Mutual admissibility of evidence in criminal matters in the EU. A study of telephone tapping and house search


  • Martyna Kusak


Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for the smooth gathering of evidence in criminal matters, does not seem to be trying to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. This book investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping, and house search, the author examines whether coming to various common minimum standards is feasible, and whether compliance with these standards would finally shape the, as yet, non-existent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. This will be essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU. Dissertation. (Series: Institute for International Research on Criminal Policy (IRCP), Vol. 53) [Subject: Criminal Law, International Law]

Record ID
Book type
Publisher name (outside publisher list)
Maklu Publishers
Publishing place (Publisher address)
Publication size in sheets
Issue year
Keywords in Polish
minimalne standardy gromadzenia dowodów w UE; wzajemne uznawanie; wzajemne uznawanie dowodów; wzajemne zaufanie; podsłuch telefoniczny; przeszukanie mieszkania; transgraniczne gromadzenie dowodów w UE; europejski nakaz dochodzeniowy; współpraca europejska w sprawach karnych; postępowanie karne
Keywords in English
common EU minimum standards; mutual recognition; mutual admissibility of evidence; mutual trust; telephone tapping; house search; EU cross-border evidence-gathering; European Investigation Order; EU cooperation in criminal matetrs; criminal proceedings
en English
Score (nominal)
Ministerial score = 25.0, 26-04-2020, MonograhOrBookMainLanguagesAuthor


Uniform Resource Identifier

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