The European Investigation Order Draft Directive

Abstract

In 2012, a relevant group of Member States presented an initiative for a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters (Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the Republic of Austria, the Republic of Slovenia and the Kingdom of Sweden for a Directive of the European Parliament and the Council regarding the European Investigation Order in criminal matters. Council document 9288/10 COPEN 117 EUROJUST 49 EJN 13 PARLNAT 13 CODEC 384. Brussels, 21 May 2010, with the aim of replacing the existing instruments on this matter by a comprehensive system for obtaining evidence in cross-border cases, based on the principle of mutual recognition in criminal matters.

In the original, the Commission suggested introducing a recital making reference to the data protection principles of the Convention 108, its Protocol, and Framework Decision 2008/977/JHA. During the negotiations, a simplified version of this Recital has been suggested. The introduction of this type of legal provisions in legal instruments of judicial cooperation does not seem necessary: they do not add anything new and may led to some confusion vis a vis the rules applicable between judicial authorities in the framework of the specific requests of judicial cooperation based on the principle of mutual recognition.