EUROPEAN INVESTIGATION ORDER «DIRECTIVE – APPLICABILITY»

Abstract

The relevance of the study: Aims proceed with the survey of issues related to validity of evidence in the context of the new evidence-taking instrument in the EU, the Directive 2014/41 / EU on the European Investigation Order in criminal matters and its transposition into the Portuguese legal system, resulting from Law no. 88/2017, of August 21. The problem of the research For this purpose, we approach the concept of proof, the principles, theories and rules governing the taking of evidence in a transnational context, we indicate which instruments and norms are relevant in the matter, we analyze the Directive and national legislation from the perspective of the theme and we conclude with relevant ECHR and national jurisprudence. In any case, the Member States and their enforcers will have a decisive role, since the admissibility and validity of the evidence in the EIO continues to be a main task of these, seeking the desirable construction of a system of checks and balances, that is, based on the necessary balance between the power of investigation or prosecution and the rights of the defense.The object of the research- validity of evidence in the context of the new evidence-taking instrument in the EU, the Directive 2014/41 / EU on the European Investigation Order in criminal matters.The aim of the research to survey of issues related to validity of evidence in the context of the new evidence-taking instrument in the EU, the Directive 2014/41 / EU on the European Investigation Order in criminal mattersMethods - analysis and synthesis, abstraction, logical and historical, comparative analysis.Results.From 22 May 2017, the collection of evidence in the European Union (EU) will be regulated by the European Investigation Order.This is a new diploma based on mutual recognition and replacing the corresponding measures provided for in the abovementioned conventions.It will be applicable in the EU countries, but Denmark and Ireland chose not to participate.Following the adoption of this directive, other diplomas were revoked, for example, the Framework Decision European Evidence Warrant from 2008 (which had a narrower scope of application) was replaced by Regulation 2016/95 of 20 January 2016.Conclusion. The EIO Directive and its transposition into Portugal with Law No. 88/2017, of 21 August, constitutes a major advance in judicial cooperation in criminal matters, as there is now only one legal instrument for obtaining evidence in the EU thus achieving, and this being its main objective, overcome the slowness and inefficiency of the system based on the issuance of rogatory letters transmitted in accordance with international conventions, as well as with the inefficient European warrant for obtaining evidence. Outside the EU, the multilateral and bilateral international treaties to which the Portuguese State is bound continue to prevail.The Court of Justice of EU, in reference for a preliminary ruling, will (as has recently happened in the area of judicial cooperation in criminal matters) have a fundamental role to play in the interpretation of the EIO and national laws and particularly the transpositions, in the context of a preliminary ruling.