Eurojust: EIO Casework Report
19 January 2021
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.

On 10 November 2020, Eurojust published the first report on its casework in the field of European Investigation Order (EIO). The report informs practitioners and policymakers of the main difficulties encountered in the practical application of the EIO, showcases solutions and best practice, and illustrates support offered by Eurojust.

According to the report, the most relevant issues with regard to the EIO are as follows:

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

For many of these issues, the report recommends seeking the support of Eurojust at an early stage. Furthermore, it outlines best practice examples on how to better handle the problems that have emerged.