Image: Robin G., CC BY-NC 2.0
The EIO, a key tool for judicial cooperation within the EU since 2014, enables one member state to request specific investigative actions from another, such as interviewing witnesses or the handover of documents. However, the rules on cross-border vehicle surveillance require clarification, says a document (pdf) drafted by France, Germany and the Netherlands.
Currently, such operations often face legal hurdles, necessitating separate approvals or interruptions when suspects cross borders, as seen in the high-profile “Ibiza affair.” To address this, the three countries propose introducing Article 31a, which would allow seamless continuation of surveillance when vehicles enter another EU state, with only notification required.
The three countries say they are seeking “a solid basis for continuing a GPS-track or the bugging of a vehicle on the territory of another Member State.” The host state could halt the operation if it violates national laws. Unlike the stricter rules in the Schengen Agreement, the EIO would adopt a “no objection” principle, removing the need for prior consent and easing restrictions on specific crimes.
The recommendation also appears in a draft evaluation of the European Investigation Order, (pdf) circulated to member state delegations at the end of October. In comments (pdf) on that draft, the Czech Republic calls for legal provisions that do not “refer only to vehicles.”
“We suggest supplementing the recommendation so that it does not refer only to vehicles. Installing spywares refers rather to telephones or servers, cross border surveillance may also concern for example planes,” say the Czech comments.
Documentation
- Non paper on cross-border bugging and tracking of vehicles and the EIO (Council doc. WK 13776/2024 INIT, LIMITE, 4 November 2024, pdf)
- DRAFT FINAL REPORT ON THE TENTH ROUND OF MUTUAL EVALUATIONS on the implementation of the European Investigation Order – compilation written comments (Council doc. WK 13751/2024 INIT, LIMITE, 4 November 2024, pdf)
- DRAFT FINAL REPORT ON THE TENTH ROUND OF MUTUAL EVALUATIONS on the implementation of the European Investigation Order (Council doc. 14321/1/24 REV 1, LIMITE, 29 October 2024, pdf)
