Short Profiles of Different European Investigation Order Domestic Regulations in the European Union

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Abstract

Тhe regulatory fragmentation and the excessive administrative formalities in the area of international legal assistance in investigation have created the need for a unitary mechanism. This article is focused on the relatively new instrument for international judicial cooperation in criminal matters – The European Investigation Order (EIO). Specifically, it examines the reflection of Directive 2014/41/EU in several Member States of the EU and provides an overview of the separate national systems. The analysis contained in this paper seeks to identify the issuing, the receiving and the executing authorities in each of the considered countries. Main aspects of the EIO’s regulation such as, for an example, its form and content, its transmission, proportionality assessment, deadlines and refusal grounds are seen from the perspective of different national legislations. Although the present study is not intended to be exhaustive, it could clarify to some extent whether an“one-size-fits all” solution in the area of evidence-gathering is an appropriate approach. Special attention is paid to the protection of the right to defence provided by the examined domestic regulations concerning the EIO.

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  • [1] The European Council dedicated a special meeting in Tampere Finland in October 1999 to the establishment of an Area of Freedom Security and Justice. During this meeting political guidelines including in the field of immigration police and justice cooperation and fight against crime were elaborated.

  • [2] Voinova R. Modern Instruments for Evidence-Gathering in Criminal Matters Across EUInternational Scientific Conference KBO Vol. XXIV No. 2 pp. 248-254 2018.

  • [3] Ralli E. ThePrinciple of Mutual Recognition Based on Mutual Trust and the Respect for Fundamental Rights: The Case of the Framework Decision on the European Arrest Warrant European Law Institute Annual Conference and General Assembly 2017.

  • [4] The same 32 categories of offences also set out in the Council Framework Decision 2002/584/JHA of 13th June 2002 on the European Arrest Warrant.

  • [5] Gesetzüber die international Rechtshilfe in Strafsachen–The part that regulates the EIO is implemented by Law 4 amending the Act on International Cooperation in Criminal Matters.

  • [6] Richtlinien für den Verkehr mit dem Ausland in strafrechtlichen Angelegenheiten December 23 2016

  • [7] Complete preliminary impact assessment of the European Investigation Order Act Draft Republic of Bulgaria - Ministry of Justice September 2017. – One of the reasons for the transposition of the EIO Directive in the Bulgarian legislation is that applying the EIO is the only way for the state to be part of the future regulation on the exchange of electronic evidence.

  • [8] Chankova D. and Yurukov V. Electronic evidence-a challenge in evidencing in criminal proceedings Sofia University International scientific conference on the modern challenges in criminal proceedings devoted to the 50th anniversary of the entry into force of the Criminal Procedure Code of 1968 Sofia Bulgaria pp. 189-200 2018.

  • [9] Chankova D. and Voynova R. Towards New European Regulation for Handling Electronic Evidence US-China Law Review Vol.15 No. 3 pp. 121-1292018.

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