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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

2021-09-07T14:17:31+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 Meeting2021-09-07T14:17:31+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 “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

The Italian Court of Cassation underlines the importance of recognising the EIO for the protection of individual rights

2021-09-07T14:08:48+01:00

The Italian Court of Cassation, in a series of very interesting decisions, has censured some decisions pronounced by the Italian judicial authorities which had devalued the role of the European Investigation Order (EIO), instead recognising the validity of the instrument. In an initial decision - no. 8320 of 31 January 2019 - the Sixth Chamber of the Italian Court of Cassation had criticised the delayed communication to the defence of the decree recognising an EIO issued by Germany in tax evasion proceedings[1]. According to the Italian High Court, this should be seen as a clear breach of Article 4(4) of Italian [...]

The Italian Court of Cassation underlines the importance of recognising the EIO for the protection of individual rights2021-09-07T14:08:48+01:00

The scope of the fundamental rights refusal ground

2021-09-07T14:10:31+01:00

Art 11 para 1 point f EIO Directive explicitly formulates a ground for refusal of the recognition or execution of an incoming EIO due to a fundamental rights violation. This is a novelty compared to other European instruments of cross-border judicial cooperation. Accordingly, the executing state may refuse the recognition or execution of an EIO if it would violate Art 6 TEU or the CFR. This ground for refusal was adopted almost verbatim in the Austrian implementation law (§ 55a para 1 pint 7 EU-JZG). The fundamental rights refusal ground is to be used restrictively in the system of mutual recognition [...]

The scope of the fundamental rights refusal ground2021-09-07T14:10:31+01:00

Considerations regarding the Gavanozov II case before the CJEU

2021-03-29T14:57:00+01:00

Considerations regarding the Gavanozov II case before the CJEU Scholars already pointed out on this blog that the EIO has far-reaching consequences for the protection of fundamental rights. It is a procedural legal instrument based on the principle of mutual recognition, aiming to enhance judicial cooperation between Member States in criminal matters. As such it necessarily has a nature of constricting human rights to a certain extent. This could be observed in the Gavanozov I case brought before the Court of Justice of the European Union (CJEU) as well. In the criminal proceedings brought against I. D. Gavanozov the Spetsializiran nakazatelen [...]

Considerations regarding the Gavanozov II case before the CJEU2021-03-29T14:57:00+01:00

The Fundamental Rights Objections

2021-03-15T20:11:25+01:00

In a previous contribution to this blog Jan Stajnko and Mário Simões Barata commented the CJEU´s first ruling on the European Investigation Order (EIO) in Case C-324/17, Gavazonov, 24th October 2019, and pointed out to the fundamental rights objections in the Opinion of the Advocate General Yves Bot of 11 April 2019 and the criticisms expressed by legal scholars. The CJUE ruled that the national issuing authority does not have to include a description of the legal remedies available in the issuing State to challenge an EIO when it fills out Section J of the form that can be found in [...]

The Fundamental Rights Objections2021-03-15T20:11:25+01:00

ECJ Grand Chamber Judgment on the eligibility of prosecutors to issue European Investigation Orders (C-584/19)

2020-12-20T13:15:09+01:00

On 8th December 2020, the European Court of Justice ruled that public prosecutors' offices can still be judicial or issuing authorities within the meaning of Articles 1(1) and 2(c) of the Directive regarding the European Investigation Order in criminal matters (EIO), ‘regardless of any relationship of legal subordination that might exist between the public prosecutor or public prosecutor’s office and the executive of that Member State and of the exposure of that public prosecutor or public prosecutor’s office to the risk of being directly or indirectly subject to orders or individual instructions from the executive when adopting a European investigation order’ [...]

ECJ Grand Chamber Judgment on the eligibility of prosecutors to issue European Investigation Orders (C-584/19)2020-12-20T13:15:09+01:00

EIO-LAPD Conference Registration and Schedule

2020-12-03T11:33:56+01:00

  You can now register for our EIO-LAPD conference via this link: Webinar Registration - Zoom What are you waiting for? Go ahead and register to attend the FREE online conference on the 8th and 9th of December. You can also take a look at the  official conference schedule! Conference Schedule - EIO 2020    

EIO-LAPD Conference Registration and Schedule2020-12-03T11:33:56+01:00