Mastodawn

Migrating to the EU

rz01.org

How comfortable are you guys with the fact that EU countries allow prosecutors and sometimes even police officers to issue their own search warrants without meaningful judicial review? Some EU courts will not exclude illegally obtained evidence either, so challenging the warrant later on will be pointless.

Oh, and you might be in a reasonable EU country and still be hit with an EIO from one of the unreasonable countries. This is especially concerning given recent ECJ rulings increasingly directing courts in receiving nations to blindly defer to the requesting party when dealing with EAWs, EIOs and similar.

Worth considering when hosting in the EU.

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FabCH

You are technically correct but seem to be applying common law standards to civil law countries.

Unlike common law judiciary, civil law judiciary in and of itself has investigatory powers and judges don’t just hear arguments but can order their own investigations and are significantly more independent than in common law.

This can cut both ways, yes in theory the judge can accept evidence the prosecution obtained illegally, but the judges can also call the prosecutions bluff and call their own witnesses or order an independent expert to provide their own opinion, even if defense is unable to.