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throw0101c 3 hours ago

> How comfortable are you guys with the fact that EU countries allow prosecutors and sometimes even police officers to issue their own search warrants without meaningful judicial review?

(IANAL.) This was reviewed by the courts themselves:

> The CJEU confirmed that the Belgian, French and Swedish prosecutors were sufficiently independent from the executive to be able to issue EAWs. […]

> […] Public prosecutors will qualify as an issuing judicial authority where two conditions are met: […]

> 2. Second, public prosecutors must be in a position to act in an independent way, specifically with respect to the executive. The CJEU requires that the independence of public prosecutors be organised by a statutory framework and organisational rules that prevent the risk of prosecutors being subject to individual instructions by the executive (as was the case with the German prosecutor). Moreover, the framework must enable prosecutors to assess the necessity and proportionality of issuing an EAW. In the French prosecutor judgment, the CJEU specifically indicated that:

* https://www.fairtrials.org/articles/legal-analysis/can-belgi...

The question that the OP asks is fair enough, but there's a lot of subtly and 'low-level' details on how things operate compared to the high-level question that is being asked. Also depends on where the OP lives and what he's used to: common law (UK/US/CA/etc) and civil law procedures and laws are (AIUI) quite different.

Aerroon 3 hours ago | parent [-]

For anyone wondering:

EAW = European Arrest Warrant

EIO = European Investigative Order (basically lets different jurisdictions demand information from each other)

CJEU = Court of Justice of the EU (think of it as a supreme court)

stanac 2 hours ago | parent [-]

Also IANAL: I Am Not A Lawyer. If you really want to guard yourself from a legal standpoint, write the full sentence. "IANAL" could mean anything.

That being said, I am not a lawyer, I am not a legal professional, this is not a legal advice.