Aspects Concerning the European Investigation Order and Eurojust’s Involvement in this Instrument of International Judicial Cooperation

Abstract

Starting from the provisions of Article 82 para (2) of the TFEU on supporting the judicial cooperation in criminal matters at EU level, through the adoption of Directive 2014/41/3.04.2014 on the European Investigation Order (EIO), a new way of international judicial cooperation in this field has been carried out between the Member States of the Union covered by the Directive, with the aim of gathering evidence in the criminal proceedings. This way of international judicial cooperation was intended to create a single regime for obtaining evidence, and additional rules on certain investigation measures, such as: temporary transfer of liberty-deprived persons, hearings by videoconference, obtaining information on bank accounts or banking operations, supervised deliveries or covert investigations. The European Union Agency for Criminal Justice Cooperation, Eurojust, may intervene and support the actions carried out during the different stages of a European Investigation Order, including in complex situations where the measures have effects on different areas of the national territory and in those involving an adaptation of these measures and with others at the level of the issuing Member State and/or in other Member States or third States. The present study refers to issues related to the usefulness of the European Investigation Order and to the way whereby Eurojust supports the Member States of the Union in achieving the objectives for which such an Order may be issued.