On 1 May 2014, the EU Directive regarding the European Investigation Order in criminal matters was published in the Official Journal. The Directive is designed to replace the existing legislative framework, which has been criticised as over-complicated and ineffective.
The Directive allows the judicial authorities of a Member State (the issuing State) to issue a European Investigation Order (EIO) for specific investigative measures to be carried out in another Member State (the executing State) for the purposes of obtaining evidence. EIOs may be issued in relation to investigations into legal or natural persons, and the possible measures expressly include steps to identify the holders of accounts in banks and other financial institutions, as well as the real-time monitoring of banking and other financial operations. A suspected or accused person, or their counsel, may also request the issue of an EIO.
The judicial authorities of an issuing State may only issue an EIO where it: (i) is “necessary and proportionate”; and (ii) could have been issued “under the same conditions in a similar domestic case”. The executing authority may refuse to recognise or execute an EIO on a number of grounds, including domestic rules or laws on freedom of the press or freedom of expression and national security grounds.
The Member States must take the steps necessary to implement the Directive by 22 May 2017.
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