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The authors examine the development of cooperation in criminal matters within the European Union with a special view to the gathering of evidence and the proposed directive for a European Investigation Order (EIO). First, they analyse the legitimacy of the mutual recognition of judicial decisions in criminal matters. Then they describe the most characteristic features of the framework decisions on the mutual recognition of freezing orders and the European Evidence Warrant. On this basis, they scrutinise the initiative for an EIO in a third step. Although they come to the conclusion that the initiative largely avoids forum shopping and leaves the executing Member State more discretion in the implementation of an EIO than previous instruments have done, they criticise that specific prerequisites of coercive measures could lose their effect (e.g. the requirement of previous judicial authorisation). Furthermore they call for additional grounds for refusal in order to improve the foreseeability of criminal prosecution, e. g. the double criminality requirement or a territoriality reservation.

european criminal law review

Mutual Recognition and its Implications for the Gathering of Evidence in Criminal proceedings: a Critical Analysis of the Initiative for a European Investigation Order