The European Investigation Order and the Joint Investigation Team—which road to take

Abstract

This article compares the use of two legal assistance instruments—the European Investigation Order (EIO), introduced by the Directive regarding the European Investigation Order (Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters [2014] OJ L 130/1) and the Joint Investigation Team (JIT) based on the Convention on Mutual Assistance in Criminal Matters from 2000 (Council Act of 29 May 2000 establishing in accordance with Art. 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union [2000] OJ C 197/1) and on the 2002 JIT Framework Decision (Council Framework Decision of 13 June 2002 on joint investigation teams [2002] OJ L 162/1). While acknowledging the different philosophies of classic judicial cooperation and mutual recognition, entrenched in these tools, the article seeks to highlight the benefits and constraints a legal practitioner might have when considering their application in a complex cross-border case.