exitnode5d ago

Migrating to the EU

https://rz01.org/eu-migration/

rz01.org

Show threadpschastain5d ago

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.

Show threadmongol5d ago
Sweden is a country like this. It is just the way it is here. It can be abused, sure. But all things considered, I much rather have my things hosted here than in the US.
Show threadpschastain5d ago
Yeah, but you also have Hungary who can decide to do things the same way they're done in Sweden and Finland.
Show threadmicrotonal5d ago
So don’t host your stuff in Hungary?
Show threadicoder5d ago
Yeah I think this basically answers this entire sub-thread
Show threadpschastain5d ago
Hungary can send an EIO to France or Germany, and the consistent trend has been to reduce the ability of executing states to review these requests.
Show threadfoldr5d ago
There’s a concerning trend of EIOs issued by Hungary being enforced in France and Germany? What would be an example of this?
Show threadpschastain5d ago

This is the best I can give you off the top of my head, but look at which countries are the most active in eurojust :) https://www.eurojust.europa.eu/ar2020/data-annex

An LLM can probably find some better links though.

Data Annex

Eurojust
Show threadfoldr5d ago
I think you might be missing the ‘concerning’ part. Which specific cases are concerning? I don’t find it inherently concerning that people can’t escape justice by crossing the Hungarian border, Bonnie and Clyde style.
Show threadpschastain
Oh no, that's totally up to you. If you're happy with the courts in your country not being able to review the requests sent from Hungary, that's cool. Without transparent judicial review, how could we even know if the cases are concerning?
Mar 23 at 1:46pmWeb
Show threadfoldr5d ago
EIOs are subject to review by the recipient state. It seems that you can’t point to a single relevant example of a concerning EIO from Hungary.
Show threadpschastain5d ago

"Subject to review" means little more than "is the form filled correctly?", it certainly does not mean second-guessing by the courts in the executing state.

Like, yeah, your EIO will be rejected if you don't tick any of the crime-category boxes in the form.