Judicial Cooperation in Criminal Matters

in the European Union’s Area of Freedom, Security and Justice: Recent Developments and Topical Issues 2020/2021

Seminar: The European Investigation Order

Date: 29-30 June 2021
Location: Brussels

Collecting evidence in cross-border cases can be a difficult task for competent authorities in the different Member States of the European Union. Composed of different legal and judicial systems, the European Union until now did not have a unique set of rules enabling Member States to deal efficiently and uniformly with collection, and recognition of evidence.

The objective of seminar will be firstly, to help practitioners to understand the variety and be able to choose from the existing European level instruments to collect evidence, and secondly to identify good practices. The seminar thus will present the different common investigation tools recognized at the EU level (Joint Investigation Teams, Mutual legal assistance requests, freezing orders etc.) as well as the recently adopted new legislative instrument the European Investigation Order (EIO). The analysis of those instruments and practical case studies will generate exchanges amongst participants and experts and sharing of best practices.

09.00 Welcome and mutual introduction
09.15 Main features of the European Investigation Order
Presentation on scope, application and use of the EIO, identifying national experiences and practices
10.15 Discussion
10.30 Coffee break
11.00 Practical questions regarding the issuing of an European Investigation Order
Introduction to drafting an EIO (Annex A of the EIO Directive) – Availability of direct transmission, Situations where the EIO may inhibit cooperation, EIOs for multiple individuals and measures, Entitlement to a lawyer, Role of the actors in judicial cooperation in criminal matters: EJN/ EUROJUST -EJN website: a tool for practitioners
12.00 Discussion
12.15 Lunch
13.15 Right to information and the right to interpretation and translation in criminal proceedings
Directive 2012/13/EU and Directive 2010/64/EU Standards set by the case law of the European Court of Human Rights, Member States’ legislation and EU law compered.
Issues of Implementation: the right to information in proceedings related to the European Arrest Warrant, a European Letter of Rights
14.15 Discussion
14.30 Coffee break
15.00 Debriefing on Workshop/Case Study 1
16.15 Exercising the rights of the defence in the issuing State
Requesting the issuing of an EIO, challenges against issuing, Exercising the rights of the defence in hearing by video and telephone conference, Involving the EJN, Proportionality
17.15 Discussion
17.30 End of Day 1
09.00 Exercising the rights of the defence in the executing State
Legal remedies, Exercising the rights of the defence in hearing by video conference, The right to interpretation and translation under Directive 2010/64/EU, Admissibility of evidence
10.00 Discussion
10.15 Coffee break
10.45 Debriefing on Workshop/Case Study 2
Challenges to the admissibility of evidence obtained in another country OR the interplay between EIO and EAW in investigations – when authorities should issue EAW instead of EIO
12.00 Prospects to the future: New EU rules for gathering electronic evidence?
The proposals on European Production and Preservation Orders
13.00 Discussion
13.15 Evaluation
13.30 End of Seminar

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Stakeholder

This project is funded by
the European Union’s Justice
Programme (2014-2020)

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