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pschastain
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- 9 Posts
wouldn't it be easy to write something really horrible here
This account is a replica from Hacker News. Its author can't see your replies. If you find this service useful, please consider supporting us via our Patreon.
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What you're missing is the erosion of the ability of the executing states to say things like "hey this is sketchy, we think this crime might not have happened", "hey the police department in this particular city is notoriously untrustworthy", or "hey this prosecutor is widely known in the local press to be corrupt and owns a collection of ferraris".
Now foreign authorities are trusted by default and significant parts of their reasoning are not subject to review, that's bad.
"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.
>EIOs are subject to a dual criminality requirement
Dual criminality requirement only applies to non-Annex D crimes. Which is... not many crimes. You seem awfully confident for someone so ill-informed.
>And of course, we all know this is not happening
How would you know that it isn't happening? EIOs are not public!
Which would be perfectly fine if your local jurisdiction could still properly review those foreign requests.
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?
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.
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.
Yeah, but you also have Hungary who can decide to do things the same way they're done in Sweden and Finland.
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.