Intercepting telecommunication messages in the light of the Convention on Mutual Assistance in Criminal Matters between EU States

The aim of this article is to approach the subject of cooperation among the law enforcement bodies of UE Member States in the field of intercepting telecommunication messages by individuals suspected of crime or terrorism. Provisions that enable efficient cooperation concerning surveillance by law enforcement bodies of individuals staying in the territory of the EU are provided in the Convention on Mutual Assistance in Criminal Matters and specifically in Title III regarding Interception Of Telecommunications. The analysis of subject regulations leads to the conclusion that realizing the provisions provided in the convention in practice will be limited. For it appears unambiguously from the rules that in order to obtain support in, e.g., tapping telephone calls, one has to previously institute criminal proceedings. This hinders the application of the convention's provisions because at present most of the surveillance actions are lead by the police and secret service within the operational - reconnaissance activities that are prior to the criminal proceedings. Therefore the influence of the convention in the field of secret surveillance is insignificant. This seems to be confirmed by the practice of the Polish judicial bodies in which requests based on Articles 17 to 22 of the convention concerning intercepting of telecommunication massages are rare.