European Justice: Judicial Cooperation

The European Investigation Order. A timely measure

European Justice: Judicial Cooperation

Abstract

Since its implementation in April 2014, Directive 2014/41/EU introduced the European Investigation Order (EIO) to foster improved judicial cooperation across EU Member States by expediting investigative procedures without enforcing judicial system homogenization. The EIO enables issuing states, with the assistance of executing states, to conduct cross-border investigations outside traditional Mutual Legal Assistance (MLA) frameworks, responding to the increasing challenges posed by digital technologies exploited by criminals. While the Directive has accelerated investigations and is supported by various EU-funded projects, it faces criticism regarding practical issues such as unclear procedural phases, difficulties in correctly completing the EIO form, and infrastructural limitations for videoconferences that protect accused persons’ rights. Looking forward, the Commission envisions an enhanced “EIO+” system integrating European Protection and Preservation Orders and enabling secure, digital exchange of requests among courts, thereby creating a more comprehensive and effective tool for judicial cooperation benefiting all stakeholders, especially law enforcement.

August, 3 2020.
Judicial Cooperation

Author

Fabrizia Bemer

European Investigation Order Expert

Graduate in Conference Interpreting and Translation (English and German) from the Scuola Superiore per Interpreti e Traduttori in Florence, with specialization in International Law and Economics. Holds a Master’s in Law on the European Union from the Forum per i Problemi della Pace e della Guerra, with a final thesis on Europol.

Since July 2017, she has been responsible for the International Judicial Cooperation Office at the Prosecutor’s Office of Florence, handling European Investigation Orders, mutual legal assistance (MLA) requests, and legal translations. She has supported the Exchange Programme for Italian Judges at the Scuola Superiore della Magistratura and contributed to seminars at the European University Institute (EUI) in Fiesole.

She has participated in several EU-funded projects on judicial cooperation, including SAT-LAW and the JUD-IT Handbook, and supported the EJTN contact point in Florence in organizing exchange visits for judges and prosecutors. She also has experience in human rights work, having served in the International Department of the President’s Cabinet of the Province of Florence and as secretary of the Euro-African Partnership Association (EUAP).