Report on Eurojust’s casework in the field of the European Investigation Order

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Feedback gathered on the use of the EIO since its introduction suggests that judicial practitioners generally consider the EIO a valuable instrument. Nevertheless, a number of practitioners have expressed the need for guidance and support to extract the full benefits of the instrument. In particular, using the EIO requires a sound knowledge of national criminal law systems, quick access to the right contacts, and a pragmatic and flexible approach.

Eurojust provides support and advice to national authorities in all stages of the life cycle of the EIO:

1. The issuing Member State’s judicial authority drafts the EIO, with the support of Eurojust, where needed, e.g. in regard to form and content.

2. The issuing Member State’s judicial authority transmits the EIO to the judicial authority of the executing Member State, with the support of Eurojust, where needed.

3. The executing Member State’s judicial authority recognises and executes the EIO, with the support of Eurojust, where needed, e.g. by improving communication between the issuing and executing Member States’ judicial authorities; and in overcoming legal and/or practical difficulties.

With regard to potential issues and questions arising from the execution of EIOs, Eurojust performs a bridge-making role to facilitate the communication between the judicial authorities involved. Such issues include:

• questions regarding the scope and suitability of the EIO;

• the non-recognition or refusal of the EIO by the executing State;

• the need for timely involvement and intervention in the event of urgent cases; and

• the application of specific investigative measures, including, for instance, the interception of telecommunications and gathering financial information from banks.

As part of its role in facilitating the use of the EIO, Eurojust also seeks to promote knowledge-sharing and best practice with regard to the use of EIOs. To this end, the Agency organises expert meetings and workshops and publishes reports informing on best practice and key findings from EIO-related events.