In July 2019, a few months after the EIO-LAPD project kicked off, EUROJUST and EJN published a Joint Note on the practical application of the EIO.

The joint note functions as practical guidelines for practitioners, which were direly needed for a long time. Eurojust claims that “it addresses common issues and challenges in the application of the EIO Directive and includes best practice and guidelines on when and how to use the EIO in all four stages of its life cycle.”

The Joint note is divided into 9 chapters:

Introduction;

  • Scope of the European Investigation Order Directive;
  • Content and form of the European Investigation Order (Article 5);
  • Issuing and transmitting a European Investigation Order;
  • Recognition and execution of a European Investigation Order; Specific investigative measures (Articles 22-31);
  • Rule of speciality;
  • European Investigation Order vs other instruments;
  • Assistance provided by Eurojust and the European Judicial Network.

While the joint note addresses major key areas, some important issues are still not discussed at length or not discussed at all, for example the ne bis in idem non-recognition ground, legal remedies or the possibility if the accused to demand for issuing of an EIO. The EIO-LAPD team is looking forward to explore these issues in its forthcoming project deliverables.

Assist. Jan Stajnko, University of Maribor, Faculty of Law