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The current handling of the EncroChat trials threatens the European Rule of Law

Therefore, we call on the European Commission and the European Parliament to implement the following measures as a matter of urgency:

a. Ask all concerned Member States to impose a moratorium on (new) prosecutions until evidence is duly disclosed, as required to safeguard the right to a fair trial;

b. Require Europol to provide explanations in the related ongoing national proceedings on its role in processing and analysing the data; and in sharing the data (including which countries were involved and when), with a view to supporting the courts’ oversight role;

c. Demand that the European Parliament to set up an inquiry committee pursuant to Article 226 of the Treaty on the Functioning of the EU to look into breached of EU law in the context of the EncroChat investigation;

d. As law makers, adopt appropriate safeguards to ensure that data processed and shared via EU police and judicial cooperation mechanisms cannot be subject to a blanket assertion of national defence secrecy as done by the French authorities, which undermines EU defence rights, starting with the proposal to revise Europol’s mandate.

In the EU legal framework, it is recognised that the fundamental rights of all people, including suspects and accused persons, must be upheld and protected.

We are very concerned that the current handling of the EncroChat issue threatens the Rule of Law and fundamental rights protected by EU law that, if it is allowed to pass unchecked, this sets a worrying precedent.



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