The European Investigation Order

Abstract

This article presents a critical evaluation of the latest EU proposal in the area of judicial cooperation in criminal proceedings. Whilst a framework decision on requests for evidence was adopted in 2008, which aimed to streamline the evidence gathering mechanisms across EU borders, the majority of Member States now agree that the instrument is in fact unworkable, since it fails to cover all forms of requests. As such, conventions on mutual legal assistance, which are hampered by slow and uncertain responses, continue to be the mechanism through which evidence is requested, gathered and transferred in the EU. The proposed Member State initiative of a European investigation order has greater ambition. However, this article seeks to show that in attempting to provide a more efficient instrument adhering strictly to the principle of mutual recognition, much of the protection for suspects, and therefore the cornerstone of equality of arms, is lost.