European Commission Issues Opinion on Investigation Order in Criminal Matters

On August 24, 2010, the European Commission adopted an opinion on a proposal by seven EU Members (Austria, Belgium, Bulgaria, Estonia, Slovenia, Spain and Sweden) for a European Investigation Order (EIO), a system facilitating justice authorities’ work in obtaining evidence for transnational criminal proceedings (or investigations). The proposal would permit authorities to request their counterparts to investigate, share and gather evidence. For instance, if a Bulgarian investor is tracking criminals staying in Spain, they can ask their colleagues to conduct a house search. The Commission’s opinion recognizes the added value of replacing the current fragmented system for investigative measures with a single legal framework. It also observes the need for clear and detailed rules, which would be fully compliant with the EU Charter of Fundamental Rights. These measures would include minimum standards for gathering evidence so that its admissibility in court is beyond doubt, as well as high data protection standards for sensitive information...(more)...