(AGENPARL) – LUXEMBOURG mar 02 maggio 2023

However, to perform effective investigations in punitive administrative proceedings, authorities need to be able to access electronic evidence, especially via Internet Service Providers (ISPs). With the European Anti-Fraud Office (OLAF)’s recently added possibility to request bank account information in such administrative proceedings, the need for clear regulations is becoming ever more pressing. As of now, OLAF has no specific provisions of cooperation with ISPs.

In order to address these concerns and formulate policy recommendations as to the extension of powers of OLAF as regards gathering electronic evidence from ISPs, Associate Professor within the Department of Law at the Faculty of Law, Economics and Finance, Stanislaw Tosza, will be coordinating the ELEVADMIN (Gathering electronic evidence for administrative investigations – comparative study of law and practice) project. This two-year project, which has received funding from the Union Anti-Fraud Programme – Hercule component, will compare the rules and practice of gathering electronic evidence in administrative enforcement in such domains as the protection of EU financial interests, customs, taxes, banking supervision and competition. Together with an international team of high-level researchers Prof. Tosza will examine the legal framework at EU and at the national level in selected EU Member States.

Prof. Tosza ultimately seeks to fill the gap between already developed rules and regulations and a vibrant debate concerning electronic evidence for criminal investigations and the absence of all these elements as regards administrative punitive enforcement by providing high-level comparative research on gathering electronic evidence for punitive administrative proceedings. The project officially began on 1 May 2023.

Fonte/Source: http://wwwfr.uni.lu/index.php/fdef/actualites/filling_the_gap_in_eu_electronic_evidence_gathering_with_prof_tosza