Abstract
Besides the rules governing the processing and protection of personal data related to each EU information system and database, the EU considered that further developments of the availability principle would require the approval of a horizontal legal instrument. The Council Framework Decision 2008/977/JHA was adopted with this horizontal approach, and a scope of application which covers police and judicial cooperation in criminal matters. The application of these Council Framework Decision by judicial authorities conducting investigations and prosecutions in cross-border cases requires further reflection, mainly because the codes of criminal proceedings, the legal instruments of judicial cooperation in criminal matters includes or are accompanied by their own principles and fundamental rights, which should prevail in this context.
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