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EU: EUROPEAN INVESTIGATION ORDER (EIO): Statewatch Analysis: Update The Proposed European Investigation Order by Steve Peers

01 December 2010

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EU: EUROPEAN INVESTIGATION ORDER (EIO): Statewatch Analysis: Update The Proposed European Investigation Order (pdf) by Steve Peers, Professor of Law, University of Essex:

"While the proposed changes will entail a significant improvement as compared to the original proposal, there remain significant flaws with the proposed EIO.

"It remains the case that at least in some cases, the combined abolition of dual criminality and territoriality requirements under the Directive represents both a fundamental threat to the rule of law in criminal law matters – which is required by Article 7 ECHR (legal certainty of criminal offences) and Article 8 ECHR in this field (invasions of privacy must be in accordance with the law) – and an attack on the national sovereignty of Member States, which would in effect lose their power to define what acts are in fact criminal if committed on the territory of their State." (emphasis in original)

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