The European Investigation Order In Criminal Matters - Grounds For Non-Recognition Or Non-Execution

• Author: Daniela Dediu
• Pages: 202-210

LESIJ NO. XXV, VOL. 2/2018

THE EUROPEAN INVESTIGATION ORDER IN CRIMINAL M ATTERS -

GROUNDS FOR NON-RECOGNITION OR NON-EXECUTION

Daniela DEDIU

Abstract

The European Investigation Order (EIO) is the newest mechanism for judicial cooperation in

criminal matters. This instrument was laid out in the Directive 2014/41/EU of the European Parliament

and of the Council of 3 April 2014 and was transposed into the Romanian legislation through the most

recent changes of the Law nr. 302/2004 concerning international judicial cooperation in criminal

matters. The main goal wa s the introduction of a single instrument for the gathering of evidence

between EU Member States in cases with a cross-border d imension. Also, the European Investigation

Order is the most recent application of the principle of mutual recognition of judgments and judicial

decisions, which is, since the Tampere European Council the cornerstone of judicial coop eration in

criminal matters within the Union. Starting with an analysis of the principle of mutual recognition, this

paper presents the grounds for non-recognition or non-execution provided both by the Directive

regarding the European Investigation Order and Romanian national legislation. Non-recognition and

non-execution grounds of a European Investigation Order are either the classic reasons for the

cooperation instruments (ne bis in idem principle), but are also noticed through elements of novelty as

the ones based on respecting the fundamental rights, aspect that represents an important step in the

cooperation matter and shows the ECJ jurisprudence tendency.

Keywords: European investigation order, principle of mutual recognition, judicial cooperation

in criminal matters, mutual legal assistance.

1. Introduction

The European Investigation Order

(EIO) is the newest cooperation mechanism

in criminal matters between the EU Member

States. Laid out in the Directive 2014/41/EU

of the European Parliament and of the

Council of 3 April 2014

1

, (following – “EIO

Directive”), the order was transposed into

the Romanian legislation through the most

recent changes o f the La w nr. 302/2004

 PhD Candidate, Legal Research Institute “Acad. Andrei Rădulescu” of the Romanian Academy (e-mail:

dannyelle_dediu@yahoo.com).

1

O.J. L130/1 of 1.5.2014.

2

Republished in the Official Romanian Journal, Part I, no. 377 from 31 May 2011, completed through Law no.

236 from 5 December 2017, published in the Official Romanian Jurnal no. 993 from 14 December 2017.

3

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EU,

OJ, C 197/1 of 12.07.2000.

concerning international judicial

cooperation in criminal matters

2

(following-

“The Law”), its purpose being that of

facilitating and speeding up the obtaining

and transfer of evidences between member

states, but also offering harmonized

procedures for obtaining these. The order

replaces both the classic procedures of

cooperation set up by the Convention

concerning judicial assistance in criminal

matters between the EU Member States

3

, but