alt Hacker NewsHow comfortable are you guys with the fact that EU countries allow prosecutors and sometimes even police officers to issue their own search warrants without meaningful judicial review? Some EU courts will not exclude illegally obtained evidence either, so challenging the warrant later on will be pointless.
Oh, and you might be in a reasonable EU country and still be hit with an EIO from one of the unreasonable countries. This is especially concerning given recent ECJ rulings increasingly directing courts in receiving nations to blindly defer to the requesting party when dealing with EAWs, EIOs and similar.
Worth considering when hosting in the EU.
Replies
> How comfortable are you guys with the fact that EU countries allow prosecutors and sometimes even police officers to issue their own search warrants without meaningful judicial review?
(IANAL.) This was reviewed by the courts themselves:
> The CJEU confirmed that the Belgian, French and Swedish prosecutors were sufficiently independent from the executive to be able to issue EAWs. […]
> […] Public prosecutors will qualify as an issuing judicial authority where two conditions are met: […]
> 2. Second, public prosecutors must be in a position to act in an independent way, specifically with respect to the executive. The CJEU requires that the independence of public prosecutors be organised by a statutory framework and organisational rules that prevent the risk of prosecutors being subject to individual instructions by the executive (as was the case with the German prosecutor). Moreover, the framework must enable prosecutors to assess the necessity and proportionality of issuing an EAW. In the French prosecutor judgment, the CJEU specifically indicated that:
* https://www.fairtrials.org/articles/legal-analysis/can-belgi...
The question that the OP asks is fair enough, but there's a lot of subtly and 'low-level' details on how things operate compared to the high-level question that is being asked. Also depends on where the OP lives and what he's used to: common law (UK/US/CA/etc) and civil law procedures and laws are (AIUI) quite different.
Valid question, which must be put in the context of US-based providers willingly satisfying US out-of-jurisdiction search requests for EU data without even letting the EU know about it. (And when the providers are not willing, they can be forced by U.S. Cloud Act)
https://www.forbes.com/sites/emmawoollacott/2025/07/22/micro...
> What Is An Administrative Warrant?
> An administrative warrant is a legal document issued by a government agency, rather than a court, that authorizes the agency to take specific actions such as conducting inspections, searches, or seizing property. Unlike judicial warrants, administrative warrants are frequently issued on less than probable cause of a crime.
> Administrative warrants are typically used for regulatory or civil enforcement purposes and allow agencies to enforce rules and regulations within their jurisdiction, such as health inspections, building code enforcement, or immigration-related actions.
> The problem with administrative warrants is that they make the agency both the prosecutor and the judge in the very same matter. The entire point of having agencies go to court for a warrant is because courts are an independent branch with an independent mission. Rather than solely focusing on identifying and prosecuting violations of law, courts seek to check agency errors and overreach. When the very same agency that wants to execute a warrant is the one deciding whether it issues, those checks disappear, and Americans’ security pays the price.
https://ij.org/issues/ijs-project-on-the-4th-amendment/admin...
Sweden is a country like this. It is just the way it is here. It can be abused, sure. But all things considered, I much rather have my things hosted here than in the US.
US legal protections do not apply to EU citizens keeping their data in the US, do they?
So what's the point of this comparison, since if I host my data in the US they don't need a warrant at all?
> How comfortable are you guys with the fact that EU countries allow prosecutors and sometimes even police officers to issue their own search warrants without meaningful judicial review?
Just to be clear, according to the DOJ, law enforcement officials in the US can search your home without a warrant if they suspect that you are a "Alien Enemy" [1].
https://www.documentcloud.org/documents/25915967-doj-march-1...
At least there is still the rule of law and democracy in the EU
No system is perfect. It's more a theoretical risk for now, if you're not running a shady business.
> Some EU courts will not exclude illegally obtained evidence either, so challenging the warrant later on will be pointless.
Generally speaking, I trust EU countries criminal systems more then USA one. USA one is too procedure oriented - like for example with this rule.
Unlike in USA, in general European cops and prosecutors can be punished when they do illegal stuff. That provides better protection then the pretend fairness rule you just cited.
How much is this a practical rather than theoretical problem?
One of the problems with being on the US Internet is that we get lots of coverage of US police overreach and much less coverage of EU police overreach. That could have one of three causes:
- actual incidence is low
- it's not being reported
- it is being reported, but doesn't generate discourse
(And the counter option: sometimes when you do hear about it, it's been laundered through weird US right-wing politics, like almost anything anyone says about Sweden)
This isn't a downside against EU services when compared to the US, so what are you actually suggesting? Don't just vaguely hint at stuff. Should we be moving to Singaporean services? Oh shit, similar concerns there. Okay, where do you suggest we move? If you don't have any suggestions then there's little substance behind what you're saying.
Generally comfortable.
While the EIO is s controversial instrument (I particularly dislike the excessive power it gives to authorities in issuing countries and the inability to question the warrant), it at least is something that happens as part of a judicial process.
I'm certainly more comfortable with it than being subject to the whims of the US government and its 3 letter agencies.
That said, yeah, EIO in the shape it exists is bad.
> you might be in a reasonable EU country and still be hit with an EIO from one of the unreasonable countries.
Are you certain this has happened? I never heard that happen in central Europe. I am pretty certain legislation of other countries is irrelevant, unless it would be an EU regulation - and I am unaware of an EU regulation that could bypass local laws and that has not been made a EU law. Which EU law specifically do you refer to?
Maybe the motivation is more to stop giving American big tech MAGA fascists money rather than any kind of gain in privacy/security against state level law enforcement.
>How comfortable are you guys with the fact that EU countries allow prosecutors and sometimes even police officers to issue their own search warrants without meaningful judicial review?
This is a hilarious 'just asking questions' concern that doesn't address the complete 180 in direction the US is taking and descending in to authoritarianism while moving against the world order it primarily helped build post WWII while threatening other liberal democracies like Canada and Denmark with invasions.
It's a complete false equivalence. ICE agents have straight up murdered two US citizens in broad daylight without consequence and you're querying the nature of some search warrants in the EU.