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The ECJ “Spetsializirana prokuratura” judgment: limiting the powers of public prosecutor to issue an EIO on the example of Croatia

2022-01-30T21:22:13+01:00

After the Staatsanwaltschaft Wien judgment (C-584/19) in December 2020, on 16 December 2021 the European Court of Justice (ECJ) issued a second judgment dealing with the public prosecutor as an issuing authority of the European Investigation Order (EIO). In the Spetsializirana prokuratura judgment (C-724/19) the ECJ was dealing with the powers of public prosecutor to issue an EIO. In this case, the Bulgarian Public Prosecutor's Office, as the authorized authority to issue EIOs in the pre-trial phase of criminal proceedings under the Bulgarian Law on the European Investigation Order, on 15 August 2018 issued four EIOs to obtain traffic and location [...]

The ECJ “Spetsializirana prokuratura” judgment: limiting the powers of public prosecutor to issue an EIO on the example of Croatia2022-01-30T21:22:13+01:00

Gavanozov II – Towards a more comprehensive protection of the right to effective remedy in Directive 2014/41/EU

2022-01-24T12:22:25+01:00

On the 11th of November 2021, the CJEU adopted the much anticipated judgement related to the Case Gavanozov II - C‑852/19. Other authors who publish on this blog already outlined the facts of the case and discussed the potential far-reaching consequences of this judgement for the protection of fundamental rights even before it was issued. In this short contribution, we want to discuss how the court assessed the Bulgarian legislation in light of the right to effective legal remedy. In its ruling, the CJEU first observes that the wording of Articles 14(1) and 14(2) of the Directive does not require Member [...]

Gavanozov II – Towards a more comprehensive protection of the right to effective remedy in Directive 2014/41/EU2022-01-24T12:22:25+01:00

The Concept of Issuing Authority in the European Investigation Order

2022-01-20T11:06:29+01:00

The concepts of “judicial authority” and “issuing authority” have been the subject of some discussions and interpretations by the Court of Justice of the European Union relative to the European Arrest Warrant. Having transposed Directive 2014/41/EU, of the European Parliament and of the Council, of 3 April 2014, which gave rise to Portuguese law nº 88/2017, of the 21st of August, we sought to find if the interpretation sustained by that Court applies to the EIO mechanism in the same limiting terms. The problem centred upon the question of the independence of the Public Ministry in relation to the executive branch. [...]

The Concept of Issuing Authority in the European Investigation Order2022-01-20T11:06:29+01:00

New EIO Guidelines for Practitioners Available in 6 Languages

2022-01-24T18:51:50+01:00

One of the key deliverables of the EIO-LAPD project were Guidelines aiming at practitioners. The consortium is proud to announce that they are now published and available on our website. Guidelines are available in six languages: Croatian English German Italian Portuguese Slovene The guidelines brochure is divided into eleven chapters: Scope of application of the European Investigation Order Directive Content and form of the European Investigation Order form (Article 5) Language and translation in the European Investigation Order in criminal matters Issuing and transmitting a European Investigation Order Recognition and execution of a European Investigation Order Proportionality test (Article 6, paragraph [...]

New EIO Guidelines for Practitioners Available in 6 Languages2022-01-24T18:51:50+01:00

News on the on-going legislative processes on 2018 legislative proposals regarding electronic evidence in criminal matters

2021-09-09T12:00:57+01:00

EPRS | European Parliamentary Research Service, and Committee for Civil Liberties, Justice and Home Affairs (LIBE) has published in first half of  2021  the following briefing about the on-going legislative processes related to some aspects of EIO practice in connection with a request for  collecting  digital data in crime investigation: Electronic evidence in criminal matters OVERVIEW: In December 2020, the European Parliament's Civil Liberties, Justice and Home Affairs Committee adopted its reports on a pair of 2018 legislative proposals on electronic evidence in criminal matters, and mandates to start trilogue negotiations on the two proposals. The proposed new rules would allow [...]

News on the on-going legislative processes on 2018 legislative proposals regarding electronic evidence in criminal matters2021-09-09T12:00:57+01:00

Final EIO-LAPD Project Meeting

2022-01-05T20:39:57+01:00

On the 27th August and 28th of August 2021, the final consortium meeting of the EU JUSTICE project EIO-LAPD took place at the Faculty of Law in Graz. The hosts of the final meeting, Prof. Dr. Hans-Peter Folz (Institute of European Law) and Prof. Dr. Gabriele Schmölzer (Institute of Criminal Law, Criminal Procedure and Criminology) welcomed representatives of the Universities of Maribor, Göttingen, Turin, Zagreb and the Jožef Stefan Institute on site and digitally at the Faculty of Law to discuss the progress of EIO-LAPD. Since 2019, researchers from the partner universities have been working on researching the national implementation and [...]

Final EIO-LAPD Project Meeting2022-01-05T20:39:57+01:00

Educational Seminar “The European Investigation Order in Practice (advanced)” – 21 & 22 October 2021

2021-08-30T17:22:19+01:00

EJTN has announced the new advanced seminar "The European Investigation Order in Practice",  which will be held on 21 and 22 October 2021 in Riga, Latvia. The aim of the educational seminar is: - to provide a better understanding of the current landscape of EU cross- border gathering of evidence (Mutual Legal Assistance and Mutual Recognition) and the perspectives and challenges offered by the Directive on the European Investigation Order; - to advise on what relates those main changes with the EIO Directive in order to raise awareness among practitioners on practical questions that may arise regarding rights and obligations of [...]

Educational Seminar “The European Investigation Order in Practice (advanced)” – 21 & 22 October 20212021-08-30T17:22:19+01:00

New Revelations from the Report on the implementation of Directive 2014/41/EU regarding the European Investigation Order in criminal matters

2022-01-28T20:31:17+01:00

In July 2021, the Commission published the long-awaited Report on the implementation of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, COM(2021) 409 final. The Report is composed of five chapters: introduction, general assessment, specific points of assessment, data collection and conclusion. We are glad to report that the majority of findings from the commission reflect our own findings which can be found in the EIO-LAPD International Comparative Report. In this short contribution, we want to showcase an interesting point of divergence between both reports. This point [...]

New Revelations from the Report on the implementation of Directive 2014/41/EU regarding the European Investigation Order in criminal matters2022-01-28T20:31:17+01:00

European investigation order and the Ne bis in idem dilemma

2022-01-24T21:19:21+01:00

Directive 2014/41/EU was adopted on the 3rd of April 2014 and implemented in all EU Member States except Ireland and Denmark. European investigation order (EIO) is a judicial decision which has been issued or validated by a judicial authority of a Member State to have investigative measure(s) carried out in another Member State to obtain evidence. It is without doubt the most revolutionary instrument of international cooperation. Not even a decade flew by and the EIO has already become the leading instrument for cross-border gathering of evidence. However, it would not be realistic to expect that an instrument of such gravitas [...]

European investigation order and the Ne bis in idem dilemma2022-01-24T21:19:21+01:00

New “unrepeatable technical” investigations have been ordered to establish the nature and characteristics of the contents of the bottles of the AstraZeneca vaccine for six batches: ABV2856, ABV6096, ABV5811, ABV3374, ABW1277 and ABW2586

2021-06-29T17:17:33+01:00

The Public Prosecutor Gaetano Bono, leading the investigation into the death of 43-year-old Stefano Paternó, a Navy petty officer in service at the base of Augusta (Syracuse), who died on 9th March last year at his home in Misterbianco (Catania, Sicily) fifteen hours after receiving his first dose of the AstraZeneca vaccine, is seeking a complete overview to ascertain what happened to Mr Paternó. The outcome of his investigation could also shed light on other investigations (currently about ten) opened throughout Italy into suspicious deaths related to receiving the first dose of the vaccine. It was the same Prosecutor who issued [...]

New “unrepeatable technical” investigations have been ordered to establish the nature and characteristics of the contents of the bottles of the AstraZeneca vaccine for six batches: ABV2856, ABV6096, ABV5811, ABV3374, ABW1277 and ABW25862021-06-29T17:17:33+01:00