THE PRINCIPLE OF MUTUAL RECOGNITION OF JUDICIAL DECISIONS IN THE PROCESS OF COLLECTING EVIDENCE: EUROPEAN PRODUCTION ORDER – A STEP FORWARD OR A STEP BACK?
THE PRINCIPLE OF MUTUAL RECOGNITION OF JUDICIAL DECISIONS IN THE PROCESS OF COLLECTING EVIDENCE: EUROPEAN PRODUCTION ORDER – A STEP FORWARD OR A STEP BACK?

Summary/Abstract: The aim of the paper is the evolution of evidence collection in European criminal law in the light of the establishment of the European production order. This evolution will be presented in the context of the development of the principle of mutual recognition of judicial decisions. It will be crucial to determine whether the legislative basis indicated in the justification and preamble – Art. 82 para 1 TFEU – will be actually implemented through the provisions of the Regulation 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings. The considerations will be carried out taking into account the differences between the draft regulation and its final content introduced on July 12, 2023. An attempt will be made to answer the question of whether the regulation is consistent with the assumptions adopted at the European Council meeting in Tampere, and the feasibility of establishing a European production order will be considered.

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