Eurojust handled over 5 000 cases involving an EIO in 2022. Around half of these cases were newly opened, while the other half were ongoing cases from previous years.

Eurojust support to national authorities on the drafting and execution of EIOs

During 2022, the Agency continued to provide support and advice to national authorities across the full life cycle of the EIO, from drafting to the execution phase. For instance, Eurojust supported several cases where legal or practical issues arose in relation to the hearing by videoconference or interception of telecommunication. These issues often relate to different national legal provisions or different understandings of the relevant provision of the EIO Directive. In relation to cases involving the bugging of a car, GPS tracking or surveillance through a Trojan-horse-like device or audio surveillance in private places, Eurojust has often assisted judicial authorities and informed them of legal requirements in other States.

In other cases, Eurojust also supported in obtaining clarifications or additional information prior to the execution of an EIO. The Agency also advised on the adequate instruments to use either in addition to or instead of an EIO. In multilateral cases, Eurojust often ensured coordination amongst the execution of different EIOs in several Member States.

Case law by the Court of Justice of the European Union on the EIO

The Agency monitored the relevant case law of the Court of Justice of the European Union (CJEU) and its impact on judicial cooperation. In May 2022, Eurojust and the EJN jointly published a questionnaire and compilation of replies from Member States on the impact of the judgment of the CJEU in case C-852/19 (Gavanozov II).

Eurojust and the EJN worked closely on analysing the results of the questionnaire to shed light on the issues raised by the CJEU’s case law. The analysis provides a clear picture on the availability of legal remedies against the issuing of EIOs for the search, seizure and the hearing of a witness via videoconference in the Member States. Additionally, the analysis assesses the impact of the Gavanozov II judgment on judicial cooperation in the EIO field in daily practice.

The overview of replies by Member States is useful in facilitating judicial cooperation as it provides executing judicial authorities with a document to consult, including first-hand information on the situation of legal remedies in the different Member States.

Evaluating the application of the EIO

The EIO will be the main focus of the 10th Round of Mutual Evaluations on mutual recognition of legal instruments in the field of deprivation or restriction of liberty. In October 2022, Eurojust held a meeting at working level with the Council Secretariat to prepare the evaluation visits and share the Agency’s practical experience in the field. Eurojust will participate as an observer in the evaluation visits planned for 2023 and 2024.

Support to action against sexual exploitation of Romanian victims in the Netherlands

Crime: Sexual exploitation of young female victims takes place in the Netherlands and other European countries. The suspects use the so-called ‘lover boy’ method, approaching young female victims from disadvantaged backgrounds, promising them good job prospects in the Netherlands and other EU countries. The victims’ identity documents are taken away and they are forced into prostitution. The suspects transfer their illegal profits to Romania via money transfers, before spending it on luxury cars, drugs and gambling.

Action: During an action day, five suspects are identified by the Romanian authorities for involvement in an OCG, trafficking in human beings for sexual exploitation, pimping, organised property crime and money laundering. The identified suspects are placed under preventive measures in Romania. Eight places are searched in Romania and the Netherlands and a further 30 individuals are heard as part of the case.

Result: During the action day, luxury vehicles, phones, bikes, weapons and money are seized.

Eurojust's role: Eurojust supports the national authorities involved, including by setting up a coordination centre for the action day, and assists in the preparations by organising seven coordination meetings. The Agency also assists with the transmission and execution of EIOs.