Blog

Home » Blog » Page 2

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

2022-01-05T20:32:26+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 point 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 ground2022-01-05T20:32:26+01:00

International Comparative Report on the Application of the European Investigation Order

2022-01-28T20:23:54+01:00

The EIO-LAPD research group is proud to announce that the comparative report which addresses key issues as well as best practices gathered from practitioners is now available. To gather this valuable information, we interviewed public prosecutors, investigative judges, attorneys and other practitioners in Germany, Italy, Austria, Slovenia, Croatia and Portugal. We are glad to report that the EIO is a well-functioning and useful instrument of mutual recognition. The overall feedback from issuing and executing authorities was overwhelmingly positive and it was stated multiple times that the EIO is an instrument which is used on a daily basis since it significantly simplified [...]

International Comparative Report on the Application of the European Investigation Order2022-01-28T20:23:54+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

Request of the defence for the issuing of European investigation orders – a viable instrument or a paper tiger?

2022-01-28T20:32:49+01:00

Directive 2014/41/EU does not include many provisions which directly address rights of the defence and the right to fair trial. There are however some concepts embedded in the Directive which seem to indirectly address the principle of equality of arms. What else could be the purpose of Article 1(3)? The issuing of an EIO may be requested by a suspected or accused person, or by a lawyer on his behalf, within the framework of applicable defence rights in conformity with national criminal procedure. However, the defence cannot use this article to use the resources of Member States to arbitrarily gather evidence [...]

Request of the defence for the issuing of European investigation orders – a viable instrument or a paper tiger?2022-01-28T20:32:49+01:00

The Fundamental Rights Objections

2022-01-05T20:30:54+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 Objections2022-01-05T20:30:54+01:00

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

2022-01-31T15:04:14+01:00

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 [...]

Report on Eurojust’s casework in the field of the European Investigation Order2022-01-31T15:04:14+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

Online Conference “European Investigation Order – Legal Analysis and Practical Dilemmas”

2020-12-01T22:41:55+01:00

We would like to invite all interested parties to attend the FREE online conference “European Investigation Order – Practical Dilemmas and Theoretical Considerations”. Prosecutors, judges, attorneys and academics from multiple EU Member States will share best practices and identify key shortcomings of the European Investigation Order. Presentations will be held by invited speakers from Germany, Austria, Italy, Croatia, Slovenia, Hungary, Romania, Portugal and Macedonia. Facebook event is available HERE.  Online registration and finalized schedule of the conference and will be available soon! We can however already provide a sneak peek into the preliminary conference schedule (may be subject to some minor [...]

Online Conference “European Investigation Order – Legal Analysis and Practical Dilemmas”2020-12-01T22:41:55+01:00