Implementation in EU member states of norms regarding the European Investigation Order

Abstract

Judicial cooperation in criminal matters in the European Union is to be based on the principle of mutual recognition of judgments and judicial decisions. Many conventions and acts of secondary law have been issued within the EU. In this article, the author examines the issues of implementation of the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters in the EU states. This new approach is based on a single instrument called the European Investigation Order (EIO). An EIO is to be issued for the purpose of having one or several specific investigative measure(s) carried out in the state executing the EIO with a view to gathering evidence. With a view of ensuring the transmission of the EIO to the competent authority of the executing state, the issuing authority may make use of any possible or relevant means of transmission, for example the secure telecommunications system of the European Judicial Network, Eurojust, or other channels used by judicial or law enforcement authorities. The EIO should focus on the investigative measure to be carried out. The issuing authority is best placed to decide, on the basis of its knowledge of the details of the investigation concerned, which investigative measure is to be used. The questions of the authorities competent to execute the Order are considered. The procedure for the execution and direction of the Order is examined. Grounds for failure to comply with EU and member state law are being explored. It is shown that the Order is a new step in the development of communitarian mechanisms in the field of legal assistance in criminal matters.