European Investigation Order directive

In a move aimed at improving judicial cooperation in the EU so that investigations can proceed more quickly and efficiently, the Council has now adopted a directive regarding the European Investigation Order (EIO) in criminal matters.

The goal of the directive is to allow member states to carry out investigative measures at the request of another member state on the basis of mutual recognition. These investigative measures could, for example, include interviewing witnesses, obtaining of information or evidence already in the possession of the executing authority, and (with additional safeguards) interception of telecommunications, and information on and monitoring of bank accounts.

The new rules would replace the current patchwork of legal provisions in this area with a single new instrument aiming to make judicial cooperation on investigations faster and more efficient.

It will also introduce automatic mutual recognition of investigation orders and limit the grounds for refusal by another EU state to execute the order, while at the same time providing legal remedies to protect the defence rights of concerned persons.

In addition, it sets deadlines for carrying out the investigative measures and requires that the recognition or execution should be carried out with the same priority and speed as for a similar domestic case.

Member states will have three years after the entry into force of the directive to adopt the necessary national provisions.

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