Encrochat and Sky ECC Data as Evidence in Criminal Proceedings in Light of the CJEU Decision

Bajović, Vanja and Ćorić, Vesna (2025) Encrochat and Sky ECC Data as Evidence in Criminal Proceedings in Light of the CJEU Decision. European Journal of Crime, Criminal Law and Criminal Justice, 33 (3). pp. 235-262. ISSN 0928-9569

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Abstract

On April 30, 2024, the cjeu passed a decision in the case M.N. (EncroChat), clarifying some provisions of the Directive 2014/41/EU and indirectly imposing some conditions for the use of EncroChat material as evidence in criminal proceedings before national courts. This ruling is of particular importance as it represents the first ruling by a supranational judicial body related to the EncroChat communication platform. However, it has raised numerous dilemmas regarding its scope, implementation, and effects. The primary aim of this paper is to analyse the conditions imposed by the cjeu, with the goal of demonstrating that they embody fundamental values that should be upheld not only by EU Member States but also by candidate countries, which remain outside the European Investigation Order (eio) system. Special attention is given to the case law of the European Court of Human Rights (ECtHR), given that in matters of criminal law and justice, the EU has historically relied on Council of Europe standards. This paper also seeks to provide legal proposals and practical guidelines for addressing the complex legal issues arising from the widespread use of encrypted communication platforms.

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