Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

The Directive establishes a comprehensive instrument covering the gathering of all types of evidence on the basis of the principle of mutual recognition. An EIO can only be issued if obtaining the evidence sought is necessary and proportionate for the purpose of criminal proceedings and when evidence could have been obtained in the issuing state in a similar case. The grounds for refusal are broader for the more intrusive investigative measures. No provision deals with the admissibility of the evidence obtained via this instrument of mutual recognition.

Member States shall take the necessary measures to comply with this Directive by 22 May 2017. From that date, the Directive replaces the corresponding provisions of the following instruments applicable between the Member States bound by this Directive:

• the 1959 CoE MLA Convention and its two additional protocols,
• the Convention implementing the Schengen Agreement;
• the 2000 MLA Convention
• Framework Decision 2008/978/JHA
• Framework Decision 2003/577/JHA