The European Investigation Order and the Lack of European Standards for Gathering Evidence: Is a Fundamental Rights-Based Refusal the Solution?

Abstract

This paper analyses the Directive regarding the European Investigation Order, which will render enforceable throughout the Area of Freedom, Security and Justice almost any national decision relating to evidence, covering from the freezing of evidence stage up to its transfer to the issuing authority. This new instrument of mutual recognition is innovative in that it includes a provision allowing executing authorities to refuse the execution of the EIO on fundamental rights grounds. Departing from an analysis of the Directive, this paper seeks to assess the impact this new ground for refusal will have for the protection of fundamental rights, particularly privacy, within the European criminal justice area.