Effective Functioning of MLAT: Contribution of the Council of Europe

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Friday, April 1, 2011
Author: 
Michael Plachta
Volume: 
27
Issue: 
4
Abstract: 
Judicial cooperation in criminal matters between European states is governed by a legal framework comprising multilateral agreements, especially Council of Europe (CoE) Conventions, bilateral agreements, European Union (EU) law and national legislation. The CoE Conventions, such as the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, (hereinafter referred to as the “1959 European Convention”), are important legal acts especially in the area of cooperation between non-EU member states. However, many member States have made reservations to certain provisions contained therein, e.g. the reservation to apply the condition of double criminality in the of case a search or seizure. In addition, the CoE legal acts, in principle, do not govern the manner of execution of requests for judicial assistance...(more)...