e-Evidence RegulationEU 2023/1543
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Recitals

Recital 54


Recital 54

Relevant Time for Notification and Manifest Breach Ground Unofficial title


In order to provide for a swift procedure, the relevant point in time at which to determine whether there is a need to notify the enforcing authority should be the time when the European Production Order is issued. Any subsequent change of residence should not have any impact on the procedure. The person concerned should be able to invoke their rights as well as the rules on determination and limitation of criminal liability relating to freedom of the press and freedom of expression in other media, during the entire criminal proceedings, and the enforcing authority should be able to raise a ground for refusal where, in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 TEU and the Charter. In addition, it should also be possible to invoke those grounds during the procedure for enforcement.