Artikel: The European Investigation Order and its Relationship with Other Judicial Cooperation Instruments

The European Investigation Order (EIO) is a major step forward in judicial cooperation in criminal matters within the EU. It has become the main legal tool to gather trans-border evidence, replacing the traditional MLA conventions mainly used for this purpose so far. It co-exists with other instruments, however, which can also be used under certain conditions.

This article analyses the EIO Directive and draws rules that guide practitioners as to when EIOs are necessary, when they are merely convenient, and when they cannot be used at all. The article defines a Basic Rule, a Replacement Rule, and a Compatibility Rule, which aim at making the legal scenario easier for practitioners to navigate. In an excursus, the article also deals with the question whether the speciality principle as known in tradition mutual legal assistance cooperation is also applicable to the EIO. The author argues that the speciality principle has not been affected by the EIO Directive and continues to be valid.

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• The European Investigation Order and its Relationship with Other Judicial Cooperation Instruments, Eucrim