Horizontal cooperation, obtaining evidence overseas and the respect for fundamental rights in the EU. From the European Commission’s proposals to the proposal for a directive on a European Investigation Order: Towards a single tool of evidence gathering in the EU?

Over the past several years, the European Commission and a group of eight Member States have each launched two important initiatives with the aim of introducing a new instrument for obtaining evidence from other states within the EU. While following different paths, these initiatives share the common goal of extending the logic of mutual recognition to almost every type of evidence. This article questions, by providing a comparative analysis of the two proposals, whether this approach is the most appropriate way of both enhancing mutual confidence between national authorities and ensuring adequate protection both of the national procedural cultures and the fundamental rights of the individuals involved in criminal proceedings. On the basis of this analysis, this paper contains some proposals for further legislation in the field of collection of overseas evidence in Europe