Judicial Cooperation in Criminal Matters and Electronic IT Data in the EU:
Ensuring Efficient Cross-Border Cooperation and Mutual Trust (JUD-IT)
The JUD-IT Project starts from the premise on the need to improve EU internal and external cooperation for cross-border access and exchange of electronic data to be used in criminal proceedings in a way which is consistent, or goes hand-to-hand, with EU criminal law and fundamental rights standards. It will contribute to enhance the effectiveness of EU mutual legal assistance/mutual recognition instruments by identifying, testing, and disseminating practical solutions and promising experiences in obtaining electronic data, and in full respect of the EU legal standards and fundamental rights. To enhance the effectiveness and efficiency in the utilisation of existing EU mutual recognition and assistance instruments, JUD-IT will deliver the following results:
Provide high-standard academic research on transferable promising practices and practical and legal challenges experienced by judicial, administrative and legal actors when trying to gather different types of e-data held by private companies under exisiting EU judicial cooperation instruments, and through the EIO and EU MLATs in particular: Report.
Carry out a consistency check of current Member states practices and domestic implementing legal/judicial and administrative frameworks for the access and exchange of e-data in light of standing EU law and the EU Charter standards: e-Handbook/Guidelines.
Produce a new statistical gathering of information on frequency, quantitative uses and scope of EU MLATs and exchange of evidence requests to provide a statistical coverage on their utilisation and efficiency: Statistical Repository.
Identify areas for improvement in cooperation on access to e-data under existing EU MLAs instruments and the EIO, and explore ways in which current the EIO and different MLAs instruments for the exchange of e-data in criminal investigations and proceedings could be streamlined, and improved: Promising Practices.
Map and interlink the interests and needs of judicial authorities, legal practitioners and relevant law enforcement authorities in a selection of EU Member States, and find consensus on common challenges and ways forward: Task Force and Practitioners Workshop.
Foster the exchange of knowledge and mutual learning processes between judicial authorities and legal practitioners, as well as national ministries, law enforcement agencies across the EU, EU policy makers, the private sector, and civil society organisations; and contributing to cross-border networking and mutual learning actitivities between judicial and administrative authorities and the legal professions: Training Sessions and e-Training Module.
Develop and disseminate common standards for obtaining digital data cross-border (Events); and put forward a set of policy recommendations to address any identified operational deficits which may be addressed without utilising existing EU MLAs frameworks, and mutual recognition proceedings under EU law: Policy Brief and Final Policy Report.
Publish the research results in high-standards academic venues, including articles in academic journals and a collective volume.
WHAT IS THE JUD-IT PROJECT ABOUT?
The project aims at developing an in-depth assessment of the rules and judicial and administrative practices followed by national competent authorities in requesting and obtaining data held by service providers and sough in the framework of a criminal investigation in the EU.
JUD-IT Final Conference
Judicial cooperation and cross-border data gathering
in the fight against crime:
What future for E-evidence?
Brussels, 26th & 27th September 2019
European Parliament & CEPS