Rethinking Article 37 of the EPPO Regulation: toward a coherent EU approach to evidence admissibility and exclusion

Article 37 of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO Regulation) governs the admissibility and assessment of evidence in transnational prosecutions by the European Public Prosecutor’s Office (EPPO). While it affirms the free evaluation of evidence and non-discrimination of foreign-gathered material, it lacks substantive rules on exclusion in cases of procedural violations. This paper critically examines the evolution, structure, and systemic role of Article 37, drawing on doctrinal analysis and recent case law, and argues that it does not adequately address the fundamental balance between efficiency, equality, and the rule of law. Reform proposals – including introducing minimum exclusionary rules – are discussed as pathways for the European Union (EU) to define its stance on procedural fairness in criminal matters.