Are the proposed protections in article 6 EEW sufficient?
The key protections of article 6 EEW require the issuing authority to be satisfied that (a) the objects, documents or data are necessary and proportionate to the purpose of the criminal proceedings; (b) the objects, documents and data can be obtained under the law of the issuing state in similar circumstances if they were available in its territory, even though different procedural measures might be used; and (c) the objects, documents or data are likely to be admissible in the proceedings for which they are sought. However, what will inevitably lead to unfairness for the defence is the proposal that these key conditions (and the substantial reasons for issuing the EEW), may only be challenged in the issuing state. This does not take adequate account of the linguistic, financial and technical barriers faced by individuals seeking to bring legal challenges abroad. Of equal concern is the fact that there are no provisions in the proposed EEW that guarantee access to legal counsel, interp
