About Constitutive Rules Once Again – Deliberation Based on the Judgment of 30 April 2024 of the CJEU in Encrochat Case

The article provides a comprehensive analysis of the admissibility of evidence under Directive 2014/41/EU, with a particular focus on a newly established constitutive rule for evidentiary action. This rule was recognized by the Court of Justice of the European Union in the significant EncroChat case (C-670/22), which was adjudicated on April 30, 2024. The article begins by summarizing the key components of the ruling in the EncroChat case, which involved the interception of encrypted communications used for criminal activities, and assesses how this ruling sets a precedent for future cases regarding the handling of digital evidence. Following the summary, the article examines the implications of the Court’s decision as a foundational source for the new evidentiary (constitutive) rule under the European Investigation Order (EIO). This analysis delves into how the ruling impacts the collection and admissibility of digital evidence across member states, considering the complexities of balancing privacy rights with the need for effective law enforcement. Finally, the article discusses the advantages of integrating constitutive rules into the ongoing dialogue about evidence admissibility in legal proceedings. It underscores how these rules can enhance clarity and consistency in legal standards while also fostering trust in the legal system.