European Commission plans to create an EU evidence warrant have stalled because of resistance from Germany, the CCBE's criminal law committee told delegates in Porto.

Germany objects to removing the 'double criminality' principle that makes judicial cooperation dependent on both countries recognising the act in question as a crime. Moreover, telecommunications data such as telephone and e-mail records look like being excluded.


The proposal would support the EU arrest warrant - which was used to capture London bombings suspect Hussain Osman in Italy last August - and apply to the same 32 offences for which the arrest warrant can be used. Mr Osman denies the charges.


Objections from several member states have also held up the commission's proposal for minimum procedural safeguards for suspects and defendants in criminal proceedings, the committee reported.


Meanwhile, delegates heard that a conference organised last month by the CCBE, together with the European Criminal Bar Association and the Academy of European Law, found strong support for the principle of a European criminal law ombudsman.


The ombudsman's role would be to address the problems that defence lawyers encounter in cross-border cases. However, there was no consensus among the attendees - drawn from all sides of the criminal justice system - on the detail of how the post would work.