European Investigation Order - Legal Analysis and Practical Dilemmas

02/12/2023

The EIO-LAPD working group would like to invite all those invested in topics related to the European Investigation Order to check out the book published by Duncker & Humblot which contains crucial knowledge in the practical application of this instrument of mutual cooperation:

Ein Forum für die Wissenschaft seit 1798.

28/01/2022

At the following link we share with you the 🛎 COMPARATIVE REPORT on the application of the European Investigation Order, addressing key issues as well as best practices gathered from practitioners - public prosecutors, investigative judges, attorneys and other practitioners in Germany, Italy, Austria, Slovenia, Croatia and Portugal.

The EIO-LAPD research group is proud to announce that the comparative report which addresses key issues as well as best practices gathered from practitioners is now available. To gather this valuable information, we interviewed public prosecutors, investigative judges, attorneys and other practition...

28/01/2022

Resounding CJEU ⚖ judgement in case C-852/2019 (Gavanozov II) has largely ensured more comprehensive protection of the right to effective remedy in Directive 2014/41/EU.

On the other side, this judgement also presents a blow to the principle of mutual recognition and its underlying core idea of trusting other Member States’ legal systems. Read more in our blog post 👇

On the 11th of November 2021, the CJEU adopted the much anticipated judgement related to the Case Gavanozov II - C‑852/19. Other authors who publish on this blog already outlined the facts of the case and discussed the potential far-reaching consequences of this judgement for the protection of fun...

27/01/2022

Directive 2014/41/EU and the right of the defence & fair trial - BLOG POST discussing the request of the defence to issue a European Investigation Orders ⬇

Directive 2014/41/EU does not include many provisions which directly address rights of the defence and the right to fair trial. There are however some concepts embedded in the Directive which seem to indirectly address the principle of equality of arms. What else could be the purpose of Article 1(3)...

10/01/2022

Interesting article on the shortcomings of EU policy regarding cross-border asset recovery and relation between the financial asset recovery process and European Investigation Order.

The article was written within a research project “Standards for the confiscation of the proceeds of crime set in European Union law and their impact on Polish, German, French and English criminal law”. ⬇

Abstract The article discusses the shortcomings of EU policy regarding cross-border asset recovery. The identified problem is a disjointed approach to the overlapping objectives of criminal proceedings: gathering evidence and securing assets for future confiscation. In the current EU legal framework...

24/12/2021

22/12/2021

The recently ruled in case C-724/19 that prosecutors in Bulgaria 🇧🇬 cannot issue a European Investigation Order in the pre-trial phase of criminal proceedings for the purpose of collecting data on traffic and location related to telecommunications, when in a similar national case data is the exclusive competence of the judge. Read more ⬇️

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30/11/2021

In the next article, you can read how the countries of the European Union 🇪🇺 are fighting organized crime, especially the Italian mafia, which is particularly active in the drug trade. To this end, Member States are implementing various projects and using special legal tools such as EIO, EAW, setting up JITs...⬇️

Italian mafias remain one of the world’s models for organised crime, and measures to investigate and defeat them are at the forefront of European policy and practice. Against mafia-style organizati…

22/11/2021

On 1 July 2021, the European Commission for the Efficiency of Justice (CEPEJ) published 📑 GUIDLINES on videoconferencing in judicialproceedings.

In the 1️⃣st part, the guidelines address procedural issues concerning all types of judicial proceedings, emphasising the particularities of criminal proceedings. In the 2️⃣nd part, the guidelines address the technical and organisational requirements for videoconferencing in judicial proceedings. Read the article and find link to the full document here 👇

On 1 July 2021, the European Commission for the Efficiency of Justice (CEPEJ) published guidelines on videoconferencing in judicial proceedings. They were adopted at CEPEJ’s plenary meeting on 16 and 17 June 2021. Since the beginning of the health crisis, the courts have had to develop and manage ...

29/10/2021

The legislative proposal known as 💡 "e-Evidence" aims to simplify the ability of law enforcement authorities to access electronic data in another member state.

In the following article you can read where different opinions between co-legislators occur, focusing on the refusal grounds and notification obligation (with reference to European Investigation Order) ⬇

EU co-legislators appear to be approaching common ground on several key points of the e-Evidence proposal including notification obligations, order suspensions, and grounds for refusal, according to an internal document.

27/10/2021

The Dark HunTOR operation successful 🎯 !

150 vendors and buyers of sales of illicit goods were arrested across Europe 🇪🇺 and the United States 🇺🇸.

The operation was composed of a series of separate but complementary actions in Bulgaria, France, Germany, Italy, the Netherlands, Switzerland, the United Kingdom, United States and Australia, with coordination of Europol and Eurojust ⬇

Police forces across the world have arrested 150 alleged suspects involved in buying or selling illicit goods on the dark web as part of a coordinated international operation involving nine countries. More than €26.7 million (USD 31 million) in cash and virtual currencies have been seized in this ...

25/10/2021

In the following article, Dr. Wouter van Ballegooij from the European Commission analyzes the implementation of the EU Directive 2017/1371 on the fight against to the Union’s financial interests by means of criminal law (🛎 PIF Directive), which was adopted with the aim of strengthening the protection against criminal offences affecting the financial interests.

The Directive provides common minimum rules for defining criminal offences and sanctions for combating fraud and other illegal activities affecting the EU financial interests. Read more ⬇

🌐 https://eucrim.eu/articles/protecting-the-eu-financial-interests-through-criminal-law-the-implementation-of-the-pif-directive/