What Are European Investigation Orders?
A European Investigation Order (EIO) is a legal mechanism that allows authorities in one EU member state to request investigative measures from another EU country in cross-border criminal cases or merely just to assist in an investigation in the issuing Member State. Introduced by Directive 2014/41/EU, the EIO simplifies and speeds up the process of gathering evidence across borders, replacing multiple older frameworks with a single, streamlined system.
How Does an EIO Work?
When a country needs evidence—such as witness statements, surveillance, or bank records—from another EU state, it issues an EIO. The requested country must then execute the order as if it were a domestic case, unless specific grounds for refusal apply (e.g., conflicts with national laws or fundamental rights).
Key Benefits of EIOs
- Efficiency: Standardized procedures reduce delays.
- Broad Scope: Covers various forms of evidence collection.
- Judicial Oversight: Ensures fair and lawful use.
EIOs enhance judicial cooperation within the EU, ensuring criminals cannot evade justice simply by crossing borders. However, concerns remain regarding privacy rights and the potential for misuse, making oversight crucial.
Issues and Concerns
One of the main concerns surrounding EIOs are the different ways in which search orders are issued and executed in various Member States. For example, in Cyprus, Article 16 of the Constitution provides for strict protection of a home from police searches. Homes can only be searched where the person in possession of the home provides an informed and unequivocal consent to a search, or, where a judicial search warrant has been issued. In other Member States, those safeguards are lower, which means that certain issues arise where a EIO is issued by a foreign police force, for the search of property in Cyprus.
Some of these matters were raised and discussed in Civil Application 199/2024 before the Supreme Court of Cyprus, however given how the Attorney General accepted the application on another basis, no final verdict was delivered.
It remains to be seen however how these potential issues or contradictions might be resolved before the Cypriot courts, in the future.
Dimitris Lochias*
Advocate – Legal Consultant
*Dimitris Lochias is a lawyer practicing predominantly in the criminal law and human rights issues and is a Member of the Cyprus Bar Association. He practices throughout Cyprus and in the SBA Courts of Episkopi & Dhekelia.