European Investigation Order (EIO)

What is the EIO?

The European Investigation Order (EIO; German: Europäische Ermittlungsanordnung, EEA) is an instrument of judicial cooperation in criminal matters within the EU. It was introduced by Directive 2014/41/EU and implemented in Germany through the Fourth Act Amending the Act on International Mutual Legal Assistance in Criminal Matters (IRG); since then, the provisions on the European Investigation Order have been set out in Sections 91a ff. IRG.

Distinction from the EAW

Whereas the European Arrest Warrant aims at the surrender of a person, the EIO concerns cross-border evidence gathering. By means of an EIO, an issuing state can request another judicial authority to carry out investigative measures — for example, witness examinations, searches, surveillance measures, or the production of banking data.

Legal remedies

The person concerned can challenge the execution of an EIO in the executing state. Grounds for refusal include, among others: violation of the double jeopardy principle (ne bis in idem), immunity, essential national security interests, or a lack of dual criminality for certain measures. A comprehensive fundamental-rights review is also possible.

Practical relevance

The EIO is relevant to the criminal defense where investigative measures abroad form the basis of proceedings conducted against the client, or where investigative steps are threatened against a client located abroad. Options for challenging the order should be examined at an early stage.

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