E-evidence regulation 1544/2023 in the european union: a paradigm shift from judicial to “direct” cooperation

This text describes the new European system for cooperation in criminal matters when access to digital evidence is relevant. In fact, the mutual trust principle for judicial decisions or sentences has been given a completely new structure by the e-evidence package, raising internal (Union) and external issues for assessment. The e-evidence package comprises two legislative acts: Regulation (EU) 2023/1543 and Directive (EU) 2023/1544. These acts establish new rules for corporations and mandate that Member States define the establishment and appointment of legal representatives for companies offering digital services within the Union. This analysis concerns the aforementioned Regulation and identifies legal issues arising from its political decisions.