The European Investigation Order (EIO) is a key instrument for cross-border evidence gathering in criminal matters within the European Union (EU). Adopted under Directive 2014/41/EU, the EIO aims to simplify and expedite the process of obtaining evidence between EU Member States by creating a unified legal framework and promotes judicial cooperation based on the principle of mutual recognition.

This guide provides an overview of the EIO’s operation, with a particular focus on its implementation in Cyprus and highlights what actions can affected persons adopt to protect their rights and ensure due process.

What Is the European Investigation Order?

A European Investigation Order (EIO) is a judicial decision which has been issued or validated by a judicial authority of a Member State (‘the issuing State’) to have one or several specific investigative measure(s) carried out in another Member State (‘the executing State’) to obtain evidence.

The EIO is designed to be comprehensive, covering both the gathering of new evidence and the transfer of existing materials. Its mutual recognition mechanism requires member states to recognise and execute EIOs swiftly.

Legal Framework in Cyprus

Cyprus transposed Directive 2014/41/EU through The European Investigation order in Criminal Matters Laws of 2017 to 2023 (Law 181(I)/2017), which regulates the recognition and execution of EIOs in Cyprus. The law closely mirrors the Directive, ensuring compliance with EU obligations.

Competent Authorities

For the purposes of an EIO, the ‘issuing State’ means the Member State in which the EIO is issued and which is requesting the ‘executing State’ to carry out investigative measure(s).

Similarly, an ‘issuing authority’ means the competent authority of the issuing State acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law. An ‘executing authority’ is that which has the competence to recognise an EIO and ensure its execution.

In Cyprus, the Ministry of Justice and Public Order acts as a Central Authority and is responsible for the administrative transmission and receipt of EIOs, as well as for other official correspondence relating to EIOs.

The Cypriot issuing authority is the District Judge in the province of which the territorial competence to adjudicate the criminal act in respect of which the EIO is issued. The issuing of an EIO may be requested by:

• A suspect or accused person, or a lawyer on their behalf, within the framework of the rights of defence provided by the law and the criminal procedure of the Republic
• The Attorney General of the Republic,
• The Chief of Police,
• The Director of the Customs Department,
• The Commissioner of Taxation,
• A criminal investigator.

The Cypriot executing authority may be one of the following:

• A competent judge who in a similar domestic matter would have jurisdiction to order the investigative measure covered by the EIO. This may be, for example, a District Judge in the district where the EIO is to be executed or, the District Court of Nicosia if the place of execution is unknown.
• A competent authority, according to the case, which in a similar domestic matter has the authority to decide on the investigative measure covered by the EIO. Such authorities may include:

• The Attorney General of the Republic,
• The Chief of Police,
• The Director of the Customs Department,
• The Commissioner of Taxation.

Executing an EIO in Cyprus

When a Cypriot executing authority receives an EIO from another Member State, it must recognise the EIO without any further formalities and ensure its execution in the same way as if the order has been issued by a national authority, unless it decides to invoke one of the grounds for non-recognition, non-execution or postponement

An EIO may be refused in specific circumstances, such as:

• The existence of immunity or privilege under Cypriot law,
• Potential violations of fundamental rights protected by the Cypriot Constitution or the EU Charter of Fundamental Rights,
• The principle of ne bis in idem (protection against double jeopardy),
• Risks to national security, public order, or other essential interests of the Republic.

If there are no grounds of refusal, the authorities must execute the EIO without undue delay and notify the issuing state, ideally within 30 days of receipt. Delays must be justified and communicated.

Available Investigative Measures

The Cypriot authorities may carry out a variety of investigative actions, including:

Cypriot authorities may be called upon to execute various investigative measures under an EIO, including:

• Search and seizure of premises or electronic devices,
• Witness interviews (in person or via videoconference),
• Freezing and confiscation of assets or evidence,
• Interception and monitoring of telecommunications (subject to strict judicial oversight),
• Covert surveillance operations.

Available Legal Remedies

In cases where Cyprus is an issuing State, the substantive reasons for issuing an EIO can only be challenged in action brought in Cyprus, specifically, by an appeal to the Supreme Court.

When acting as an executing State, Cypriot executing authorities must ensure that EIO-related investigative measures comply with the constitutional, fundamental and procedural rights afforded under the Cypriot legal system.

Where it would not undermine the need to ensure confidentiality of an investigation, affected individuals have the right to:

• Be informed of the investigative measure,
• Challenge the execution of an EIO before the Cypriot courts, and
• Seek legal remedies if their rights are infringed during the process.

Conclusion

The European Investigation Order represents a significant step forward in EU judicial cooperation. Cyprus has implemented the framework through Law 181(I)/2017, providing clear procedures for both issuing and executing EIOs. However, navigating the process requires careful attention to procedural requirements and legal safeguards.

At Economou & Co LLC, we offer comprehensive legal support to persons involved in EIO proceedings. Our experienced team ensures that our clients’ rights are protected at every stage of an investigation.