In November 2020, EUROJUST published the long-awaited Report on Eurojust’s casework in the field of the European Investigation Order.

EUROJUST states that »the report clearly indicates that the EIO is not yet functioning as a well-oiled machine. There are still several ongoing issues encountered throughout the life cycle of the EIO. In the vast majority of cases handled by Eurojust, the issues mentioned throughout the report were resolved and EIOs could be executed successfully. Based on Eurojust’s casework, solutions and best practices were identified, but the report also stresses some challenges that one should be aware of and sets out the main conclusions reached and recommendations proposed.”

The report identifies 10 key areas where improvements can be made to facilitate practical application of the EIO Directive:

  • Defining the scope of the EIO;
  • Clarifying the content of the EIO and assisting with requests for additional information.;
  • Bridging differences between national legal systems;
  • Ensuring a correct and restrictive interpretation of the grounds for non-execution;
  • Speeding up the execution of EIOs;
  • Facilitating direct contact and exchange of information between issuing and executing authorities;
  • Addressing language issues;
  • Encouraging the use of Annexes B and C;
  • Transmitting EIOs to the competent executing authority;
  • Coordinating the execution of EIOs in different Member States and/or together with other instruments;

The research group is also thrilled that the report includes key issues identified by Eurojust as well as recommendations and best practices. We are looking forward to including these recommendations into our guidelines and comparative report. More importantly, legal practitioners now have one more instrument that they can use to more efficiently cope with EIO related procedures.

Assist. Jan Stajnko