EIRP Proceedings, Vol 10 (2015)

Abstract

The issue of admissibility of evidence has been regulated only very scarcely in the EU. Judicial cooperation in criminal matters has been embracing the increasing number of instruments, covering plethora of aspects, however, the field of admissibility of evidence remains almost untouched. Can the Area of Freedom, Security and Justice be called the Common Evidence Area? From the national perspective, the issue of admissibility of evidence is still subject to divergent solutions in the Member States, concerning the common law and continental law systems, i.e. the right of access to a lawyer. Thus, the paper aims to take into account the tendencies of legal rule in matter of admissibility of evidence, the dynamic of evidence movement within EU area.