Regulation 2023/1543 - European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2023/1543 |
| Original proposal | COM(2018)225  |
| CELEX number i | 32023R1543 |
| Document | 12-07-2023; Date of signature |
|---|---|
| Publication in Official Journal | 28-07-2023; OJ L 191 p. 118-180 |
| Signature | 12-07-2023 |
| Effect | 01-01-1001; Application Partial application See Art 34.2 17-08-2023; Entry into force Date pub. +20 See Art 34.1 18-08-2026; Application See Art 34.2 |
| Deadline | 18-08-2025; See Art 25.3 And 31.1 18-08-2026; See Art 28 And 30.2 And 32.2 18-08-2027; See Art 28.5 18-08-2029; See Art 33 |
| End of validity | 31-12-9999 |
28.7.2023 |
EN |
Official Journal of the European Union |
L 191/118 |
REGULATION (EU) 2023/1543 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 July 2023
on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union has set itself the objective of maintaining and developing an area of freedom, security and justice. For the gradual establishment of such an area, the Union is to adopt measures relating to judicial cooperation in criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is commonly referred to as a cornerstone of judicial cooperation in criminal matters within the Union since the Tampere European Council of 15 and 16 October 1999. |
(2) |
Measures to obtain and preserve electronic evidence are increasingly important for criminal investigations and prosecutions across the Union. Effective mechanisms to obtain electronic evidence are essential to combat crime, and such mechanisms should be subject to conditions and safeguards to ensure full compliance with fundamental rights and principles recognised in Article 6 of the Treaty on European Union (TEU) and the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular the principles of necessity and proportionality, due process, protection of privacy and personal data and confidentiality of communications. |
(3) |
The Joint Statement of the Ministers of Justice and Home Affairs and representatives of the Union institutions of 24 March 2016 on the terrorist attacks in Brussels stressed the need, as a matter of priority, to secure and obtain more quickly and effectively digital evidence and to identify concrete measures to do so. |
(4) |
The Council conclusions of 9 June 2016 stressed the increasing importance of electronic evidence in criminal proceedings, and the importance of protecting cyberspace from abuse and criminal activities for the benefit of economies and societies, and therefore the need for law enforcement authorities and judicial authorities to have effective tools to investigate and prosecute criminal acts related to cyberspace. |
(5) |
In the joint communication of the Commission and of the High Representative of the Union for Foreign Affairs and Security Policy to the European Parliament and the Council of 13 September 2017 on Resilience, Deterrence and Defence: Building strong cybersecurity for the EU, the Commission emphasised that effective investigation and prosecution of cyber-enabled crime is a key deterrent to cyber-attacks, and that today’s procedural framework needs to be better adapted to the internet age. The speed of cyber-attacks can sometimes overwhelm current procedures, thereby creating particular needs for swift cooperation across borders. |
(6) |
The resolution of the European Parliament of 3 October 2017 on the fight against cybercrime (3) underlined the need to find means to secure and obtain electronic evidence more rapidly, as well as the importance of close cooperation between law enforcement authorities, third countries and service providers active on European territory, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (4) and Directive (EU) 2016/680 of the... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.