A new report on the European Investigation Order (EIO) in practice was presented by Eurojust – the EU’s Judicial Cooperation Unit – in December 2018, and is based on input from judicial experts from EU Member States, EU institutions and academia.
The report says the EIO is valuable as a practical tool for speeding up cross-border criminal investigations in Europe, although it also concludes that support and guidance are required to ensure a sound knowledge of national criminal law systems; quick access to the right contacts, and a pragmatic and flexible approach.
During the analysis and discussion phase – which took place in September 2018 with the participation of prosecutors, investigators and judicial experts from across the European Union – it was widely acknowledged that there is a need to interpret national law in light of EU law, and specifically, in-line with the principles of mutual recognition and mutual trust.
It was also stressed that challenges appear in searching for legally sound and practically feasible solutions between different national legal systems, and that the bridge-making role of Eurojust is significant in assisting, advising and coordinating the national authorities in drafting, transmitting, recognising, and executing EIOs.
The outcome report from the September 2019 analysis and discussion can be read here.