Availability of Law Enforcement Information in the European Union: Between Mutual Recognition and Equivalent Right of Access
Maklu, Jan 1, 2005 - Law - 110 pages
This book presents the results of a study on the availability of law enforcement information in the EU, conducted for the European Commission. In order to strengthen the area of freedom, security and justice, the November 2004 Hague Programme called for an innovative approach towards cross-borderexchange of law enforcement relevant information. The principle introduced in this respect is that of availability of such information for law enforcement services throughout the EU, rendering the border-crossing of it largely irrelevant. The book contains two proposals. The first seeks to improve the cross-border exchange of law enforcement relevant information through the introduction of the principle of mutual recognition of 'pre-evidence warrants' as a primary way for implementing the availability concept. The second proposal offers a blueprint for a European Law Enforcement Services Index System (ELESIS), as an indispensable tool for supporting the availability of law enforcement relevant information throughout the EU. Both proposals take due account of extensive feedback received from experts involved in cross-border exchange of law enforcement information as well as from civil liberties organisations and data protection specialists. In addition, the responses of member states to relevant official questionnaires were collected and included. This book is essential reading for policy makers, judicial and law enforcement authorities throughout the European Union or from a broader international context. It will be appealing also to researchers and anyone involved or taking an interest in combating (cross-border) crime at a European or international level.
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intelligence between law enforcement authorities of the Member States
Proposal for improving crossborder exchange of relevant
Proposal to facilitate crossborder exchange of relevant law enforcement
Replies to questionnaire on the right of equivalent access
Comparative overview of replies to questionnaire
accès agreements authorisation authority of Member autonomously accessible autonomously transmissible autorités available for law bases de données Brussels classified information conditions of access crime investigation criminal intelligence operation cross-border exchange Data Protection Act data protection authority databases direct exchange draft Framework Decision ELESIS empreintes digitales enforcement relevant information Eurojust European Union Europol exchange information exchange of information exchange of law executing law enforcement fichier FNAEG Garda Síochána information on law information or intelligence investigation or criminal issuing law enforcement judicial authority l’accès l’utilisation et l’échange law enforcement authorities law enforcement cooperation law enforcement information law enforcement level law enforcement relevant national legislation Norway obligation to provide obstacles to access police forces pre-evidence phase pre-evidence warrant principle of availability procedure processing of personal protection des données request information Schengen Schengen Agreement telephone tapping third pillar types of information