LESIJ NO. XXV, VOL. 2/2018
THE EUROPEAN INVESTIGATION ORDER IN CRIMINAL M ATTERS -
GROUNDS FOR NON-RECOGNITION OR NON-EXECUTION
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.
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
, (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:
O.J. L130/1 of 1.5.2014.
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.
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
“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