European Investigation Order
Acceptable compromise between legal rights and facilitation of cross-border investigations
Negotiators from the European Parliament and Council this evening reached agreement on new EU legislation setting up the European Investigation Order: a standard form allowing cross-border investigations to obtain evidence. The Greens described the outcome as an acceptable compromise, with home affairs and justice spokesperson Jan Philipp Albrecht stating:
"The final agreement on the European Investigation Order is an acceptable compromise, which strikes a reasonable balance between ensuring the protection of legal rights and facilitating criminal investigations. The EIO is intended to make the fight against cross-border crime more effective. The European Parliament has ensured that, in doing so, the rights of the accused and procedural standards are not merely an afterthought.
"The European Parliament succeeded in extracting important concessions from EU governments, notably on fundamental rights. The authorities in a member state will be entitled to refuse the investigation request of another member state if it goes beyond their national law and is deemed to violate the fundamental rights of citizens. In addition, the procedural standards are stronger than originally foreseen.
"Further EU initiatives in the field of justice and police cooperation, as well as for a European public prosecutor, must ensure that the rights of the accused are strengthened. In particular, this must apply to legislation on data protection in criminal proceedings, legal aid and the presumption of innocence."
The Council is expected to confirm the agreement next week, with the European Parliament's home affairs committee also set to vote to confirm it (possibly on 5 December). The European Parliament will then vote on it in plenary session.
