Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU.

Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

Contents
Introduction

Dr Martyna Kusak is a doctor of law and post-doctoral researcher at Chair of Criminal Procedure, Adam Mickiewicz University in Poznań (Poland) and in the Institute for International Research on Criminal Policy, Ghent University (Belgium). She holds a double doctoral degree from Adam Mickiewicz University and Ghent University. In the academic year 2015/2016 she was awarded a scholarship by the Adam Mickiewicz Foundation in Poznań. This publication is the result of her research, carried out upon a co-tutelle doctoral programme and within project no. 2014/15/N/HS5/02686 granted by the National Science Center, Poland.