A new European Directive that will bring in a European Investigation Order (EIO) took a step forward last week after the European Parliamentary Civil Liberties Committee endorsed a deal on the proposals, struck between the European Parliament and Council.
"This instrument will allow effective prosecution of crime, in particular, cross-border crime, for instance related to terrorism, murder, drug trafficking, and corruption. It will also guarantee respect for human rights and fundamental freedoms," said the Parliament's rapporteur, Nuno Melo.
The EIO aims to make it easier for judicial authorities to request investigative measures and thereby obtain evidence in another EU country. For example, French judicial authorities tracking suspected criminals who have gone to Germany, could ask their German counterparts to carry out a house search or to interview witnesses there.
While this is already possible, investigators currently have to rely on a patchwork of rules, some more than 50 years old, which in many cases lead to unjustified delays and additional burdens. The hope is that the EIO will also reduce paperwork, by introducing a single standard form for requesting help to carry out all kinds of investigative measures and obtain evidence.
Under the new rules, an EIO request could be refused only on specific grounds, for instance, if it could harm essential national security interests or if the measure requested was not authorised by the law of the Member State concerned.
However, an EIO request could also be refused if it was thought to be incompatible with a Member State’s fundamental rights obligations.
The proposals look set to be approved early next year, after which Member States will have three years to transpose it into their national laws.
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