European Investigation Order
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1 European Investigation Order 1
2 Plan I. Background II. Types of Cooperation A. Mutual Legal Assistance B. Mutual Recognition III. European Investigation Order A. Comparison with EEW B. Implementation C. Double Criminality D. Procedural Rights IV. Lessons learned from EAW
3 Background Wish to speed up slow MLA : MS lack of trust difficulties with MR and EEW 2009: Group of 7 MS present proposal for EIO Idea: Replace traditional MLA almost fully Based on MR principle Using similar wording as EEW But much wider in scope 3
4 Plan I. Background II. Types of Cooperation A. Mutual Legal Assistance B. Mutual Recognition III. European Investigation Order A. Comparison with EEW B. Implementation C. Double Criminality D. Procedural Rights IV. Lessons learned from EAW
5 Types of Cooperation MLA MR When? Diplomatic cooperation Introduced in 2000 Where? Worldwide EU Who? Requesting state Requested state Issuing state Executing state What? Request Order or warrant How? Many possibilities Limited possibilities Follow up? Dependent on grounds for refusal In principle blind execution 5
6 Types of Cooperation MLA MR Applicable law? Locus regit actum: requested state vs Forum regit actum: requesting state Admissibility of evidence Decision executed as domestic decision Follow up? Dependent on grounds for refusal In principle blind execution Instruments? CoE Convention + Protocols EU Convention + Protocol Prüm Schengen Implementation Convention FD on EAW FD on Freezing Order FD on EEW Directive on EIO... 6
7 Plan I. Background II. Types of Cooperation A. Mutual Legal Assistance B. Mutual Recognition III. European Investigation Order A. Comparison with EEW B. Implementation C. Double Criminality D. Procedural Rights IV. Lessons learned from EAW
8 Comparison with EEW EEW When? 2008 (impl. by ) EIO 2014 (impl. by ) Where? All EU MS Not Denmark and Ireland What? Existing evidence (so MLA still needed) Existing and new evidence How? Transfer of existing objects, documents or data Any investigative measure exc. JITs Timing? days (after receipt!) days (after decision!) 8
9 Comparison with EEW Who? EEW Judicial authority to Authority competent under national law EIO Judicial authority to Judicial authority (+ validation procedure) Follow up? Limited grounds for refusal Limited grounds for refusal Applicable law? Executing state Executing state 9
10 Plan I. Background II. Types of Cooperation A. Mutual Legal Assistance B. Mutual Recognition III. European Investigation Order A. Comparison with EEW B. Implementation C. Double Criminality D. Procedural Rights IV. Lessons learned from EAW
11 EIO - Implementation Implementation status Handbook? Flexible provisions Grounds for refusal 11
12 Plan I. Background II. Types of Cooperation A. Mutual Legal Assistance B. Mutual Recognition III. European Investigation Order A. Comparison with EEW B. Implementation C. Double Criminality D. Procedural Rights IV. Lessons learned from EAW
13 EIO - Double Criminality Double criminality? EEW Only for: coercive measures Except when: offence is in 32-list and max. prison sentence of min. 3yrs EIO No check but ground for refusal based on territoriality 13
14 Plan I. Background II. Types of Cooperation A. Mutual Legal Assistance B. Mutual Recognition III. European Investigation Order A. Comparison with EEW B. Implementation C. Double Criminality D. Procedural Rights IV. Lessons learned from EAW
15 EIO Procedural Rights Remedies Defendant Right to information 15
16 Plan I. Background II. Types of Cooperation A. Mutual Legal Assistance B. Mutual Recognition III. European Investigation Order A. Comparison with EEW B. Implementation C. Double Criminality D. Procedural Rights IV. Lessons learned from EAW
17 Lessons Learned from EAW Blind recognition Proportionality Fundamental rights 17
18 Conclusion Implementation Practical issues Trust 18
19 Thank you for your attention and cooperation! Dr. Els De Busser Senior Lecture Senior Researcher Faculty of Law Faculty of IT & Design, Centre of Expertise Cyber Security The Hague University of Applied Sciences 19
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