The Council adopted today a directive regarding the European Investigation Order (EIO) in criminal matters (PE-CONS 122/13). 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.

The EIO is a judicial decision, which has been issued or validated by a judicial authority of a member state, to have one or more specific investigative measure(s) carried out in another member state to obtain evidence in accordance with the directive. The EIO may also be issued to obtain evidence that is already in the possession of the competent authorities of the executing state.

The investigative measures would, 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 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 defense rights of concerned persons.