International Cooperation Mechanisms in Criminal Justice Human Rights Implications and Sovereignty Constraints in Cross-Border Access to Electronic Evidence

Abstract

As the digital component’s relativity in criminal proceedings is notable, electronic evidence is no longer confined only to cybercrimes, but as well largely involved in other type of offences. A significant margin of investigations is now bound to data located extra-territorially, whereas the volatile nature of electronic evidence requisites for more time efficient investigative powers. Traditional constraints inherited in state sovereignty and the principle of non-intervention, reflect the structural limitations in Mutual Legal Assistance framework. This paper provides a normative assessment of international cooperation mechanisms under the frameworks of the Council of Europe and European Union governing cross-border access to electronic evidence. The analysis conducts a legal assessment of the consistency of normative regulations, with a focus on the issues connected to sovereignty and human rights safeguards. The study further employs a comparative assessment of the Albania’s legal framework compliance with the standards enshrined in the Council of Europe framework, examining the regulation of electronic evidence within Albanian criminal procedure, the practical efficiency of MLA via letters rogatory, and the jurisprudence of the Constitutional Court. The findings address procedural bottlenecks, legal loopholes regarding electronic evidence legality and judicial reluctance toward interpretative harmonization.