Publication

This study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the UK, France, Germany, Spain, Italy, the Netherlands and Sweden. In particular, it explores how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights and rule-of-law-compliant. The authors then argue that national and transnational intelligence community practices and cooperation need to be subject to more independent and effective judicial accountability and be brought in line with EU rule-of-law standards.