La aplicación práctica de la orden europea de investigación como mecanismo de obtención transnacional de pruebas

Abstract

This paper examines the European Investigation Order (EIO), introduced by Directive 2014/41/EU, as a key instrument for judicial cooperation in criminal matters within the European Union. The EIO was designed to establish a comprehensive legal framework governing the cross-border gathering of evidence, replacing the fragmented system previously based on multiple mutual legal assistance instruments. The study explores the legal foundations of the EIO, highlighting its relationship with the principle of mutual recognition, which constitutes one of the cornerstones of judicial cooperation under the Treaty on the Functioning of the European Union. Particular attention is devoted to the concept, scope, and operational mechanisms of the EIO, as well as to the roles of the issuing and executing judicial authorities. Beyond its theoretical analysis, the paper also investigates the practical implementation of the EIO, drawing on empirical findings from doctoral research to assess its effectiveness in facilitating cross-border investigations and evidence gathering. By combining doctrinal analysis with practical experience, the study provides a comprehensive overview of the EIO's contribution to strengthening judicial cooperation and enhancing the efficiency of criminal proceedings across the European Union.