5 Amendments of Anna Júlia DONÁTH related to 2018/0108(COD)
Amendment 332 #
Proposal for a regulation
Recital 35
Recital 35
(35) Immunities and privileges, which may refer to categories of persons (such as diplomats, doctors, journalists, etc.) or specifically protected relationships (such as lawyer-client privilege), are referred to in other mutual recognition instruments such as the European Investigation Order. Their range and impact differ according to the applicable national law that should be taken into account at the time of issuing the Order, as the issuing authority may only issue the Order if a similar order would be available in a comparable domestic situation. In addition to this basic principle, immunities and privileges which protect access, transactional or content data in the Member State of the service provider should be taken into account as far as possible in the issuing State in the same way as if they were provided for under the national law of the issuing State. This is relevant in particular should the law of the Member State where the service provider or its legal representative is addressed provide for a higher protection than the law of the issuing Stateconfidentiality of sources) or rules relating to freedom of the press and freedom of expression in other media differ according to the applicable national law and should be taken into account at the time of issuing the Order. The provision also ensures respect for cases where the disclosure of the data may impact fundamental interests of that Member State such as national security and defence. As an additional safeguard, these aspects should be taken into account not only when the Order is issued, but also later, when assessing the relevance and admissibility of the data concerned at the relevant stage of the criminal proceedings, and if an enforcement procedure takes place, by the enforcing authority.
Amendment 461 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. This Regulation shall not apply to proceedings initiated by the issuing authority for the purpose of providing mutual legal assistance to another Member State or a third country.
Amendment 465 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Electronic evidence shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
Amendment 468 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union may issue European Preservation Orders and may not issue European Production Orders.
Amendment 736 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Suspects and accused persAnyonse whose data was obtainedsought via a European Production Order or a European Preservation Order shall have the right to effective remedies against the European Production Order during the criminal proceedings for which the Order was issued,issuing State and the enforcing State without prejudice to remedies available under Directive (EU) 2016/680 and Regulation (EU) 2016/679.