EPPO Proceedings: The New Paradigm of Cross-Border Investigations and the Old Issue of the Mutual Admissibility of Evidence within the EU

This article assesses the nature of EPPO cross-border investigations and their impact on the admissibility of evidence gathered in a Member State other than that of the trial. It argues that the EPPO system has replaced mutual recognition with a new paradigm of cross-border investigations based on an autonomous assignment mechanism. Although questioned, this new paradigm should be endorsed by national authorities and EDPs, and acknowledged by the CJEU, which has already addressed the issue of judicial control. Linked to cross-border investigations is the question of the mutual admissibility of evidence: an overarching challenge in the absence of EU rules, especially affecting EPPO proceedings, divided between supranational investigations and national jurisdictions. The paper advocates the adoption of common minimum rules to enhance cooperation in general, and particularly within the EPPO. Its success depends on the readiness of national authorities, EU bodies and institutions to endorse and operationalize its unique model.