In the EncroChat operation, French law enforcement authorities collected over 120 million messages from 60.000 EncroChat users. They cooperated with Dutch law enforcement authorities and Europol in a Joint Investigation Team. In the Netherlands, EncroChat data has already been used in over 200 criminal cases. This article examines what lessons can be learned from the Dutch experience with the EncroChat operation from a human rights perspective, in particular the right to a fair trial.

Abstract. Despite the abundance of studies exposing heuristic and biased thinking in judicial decision-making, the influence of this empirical work in court is limited. In this commentary, we address this paradox and argue that the disconnect between empirical work and practice stems from the limited knowledge and consideration of procedural rules. These shortcomings increase the skepticism of legal scholars and practitioners of this research and give an excuse for dismissing the findings, deeming them inapplicable in court. We suggest that the only way forward is by diversifying our research methods and by building a culture of collaboration, fostering research partnerships between legal scholars and (legal) decision-making researchers. This approach aims to bridge the gap between legal and social sciences and to promote the impact of empirical studies of the legal system on current legal practice.

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