Eurojust has presented a first report on its casework in the field of the European Investigation Order (EIO). By 2017, most EU Member States had implemented the EIO Directive (EIO DIR), establishing a single regime under which judicial authorities could obtain evidence in cases with a cross-border dimension.
Adopted by the College of the Agency, the report is intended to inform both practitioners and policymakers of the main difficulties encountered in the practical application of the EIO DIR and to highlight, where relevant, the role that Eurojust has played in overcoming these difficulties. The report also aims to showcase solutions and best practices, setting out the conclusions reached and recommendations proposed.
Since 2017, Eurojust has registered 1,529 cases related to different aspects of the EIO and/or different phases in the life cycle of an EIO, including its scope, content, form and language, how they are issued and transmitted, recognised and executed, and if accompanied by specific investigative measures. The cases registered concerned both bilateral and multilateral cases, where difficulties often arose due to different national perspectives. Especially when dealing with urgent and/or complex cases, Eurojust played a key role in ensuring that the appropriate assistance was actually provided.
The Eurojust report, based on its casework analysis, also includes conclusions and recommendations. The conclusions address not only core aspects of the EIO DIR, but also touch upon aspects of a more horizontal nature in judicial cooperation such as differences in national law, translation issues and challenges of direct contact, while the recommendations highlight certain best practices or solutions possible when an EIO runs up against issues.