Digitalization of mutual legal assistance in criminal matters

Abstract

The use of electronic means to handle requests for mutual legal assistance in criminal matters has become an efficient practice of cooperating states. This practice has also been legally formalized through the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, even more so now with the proposal for a third additional protocol. Through qualitative methods, this article unfolds the main instruments that improve and modernize the mutual assistance process, which also resolve shortcomings identified by legal practitioners. The article deals with Eurojust’s role as the coordinator of international judicial cooperation in the context of measures for the EU’s Digital Criminal Justice platform. In particular, this article analyzes the standards of the relevant Albanian legislation and bilateral agreements on mutual assistance, and presents secondary data on cases from practice. The article concludes with the finding that integrating digitalization in the mutual legal assistance process facilitates international judicial cooperation significantly, and in this regard, it recommends that the Albanian system adopt both existing and future standards.