The European Investigation Order: Changing the Face of Evidence-Gathering in EU Cross-Border Cases

Abstract

This article examines the controversial European Investigation Order – a Belgium-led Member States' legislative initiative whereby a single “mutual recognition” style instrument will replace the existing “mutual legal assistance” regime for cross-border evidence-sharing in EU Member States. The article charts the difficult negotiations on the text so far and details the safeguards still needed if this Directive is to offer adequate protection for fundamental rights. More fundamentally, the article asks whether a “one-size fits all” approach to cross-border investigations and evidence-sharing makes sense in the absence of harmonized, coherent rules on admissibility, data protection and investigative procedures in an EU where equality of arms is not a feature of many legal systems.