Bill creating the European Investigation Order to gather evidence across the EU

Automatic summary, not yet reviewed

1. The bill would create the European Investigation Order: a decision from one EU country asking another to carry out investigative measures and gather evidence for a criminal case. It replaces the old European warrant for obtaining evidence.
2. In Spain, judges or courts handling the case would issue the order, and prosecutors too when the measure does not limit fundamental rights. The Public Prosecutor's Office would receive orders from abroad and either execute them or send them to the competent judge.
3. The order could cover many measures: temporary transfer of detainees, hearings by videoconference, bank account information, covert investigations or telecom interception, each with its own rules.
4. The Spanish authority receiving an order would have to recognize and execute it, unless there are grounds for refusal (for example, harm to national security or conduct that is not a crime in Spain). It must decide within thirty days and execute within ninety.
5. Costs would be shared: each State pays those arising on its own territory, with special rules for transfers of detainees and for transcribing or decrypting intercepted communications, paid by the issuing State.
6. Rights would be strengthened: a person sought under a European Arrest Warrant could appoint a lawyer in the issuing State and request legal aid, and would be informed of their rights in writing, clearly and simply.
7. The Government would have to provide the Public Prosecutor's Office with the resources needed for its new duties, and agree with the Autonomous Communities on funding the new legal aid obligations.
8. The Foreign Service Law would also be amended so that EU citizens without representation in a country could request consular protection from Spain, and Spaniards without representation could receive it from another EU member State, with reimbursement of costs.

Who it affects

• People under investigation or charged in criminal cases with evidence in another EU country: Their evidence could be sought in another member State through the new order, with set safeguards and deadlines.
• Judges, courts and prosecutors: They would gain powers to issue, receive and execute European Investigation Orders.
• People sought under a European Arrest Warrant: They could appoint a lawyer in the issuing State and request legal aid.
• EU citizens in countries where their State has no representation: They could request consular protection from Spanish embassies and consulates.
• Public Prosecutor's Office: It would take on new duties, and the Government would have to provide the resources to perform them.

Words worth knowing

Orden europea de investigación (European Investigation Order)

A decision from one EU country asking another to carry out investigative steps and gather evidence in a criminal case.

Reconocimiento mutuo (mutual recognition)

The principle by which each EU country accepts and executes other countries' judicial decisions almost automatically, with few exceptions.

Exhorto europeo de obtención de pruebas (European warrant for obtaining evidence)

The old instrument for requesting evidence from another EU country, which this bill would replace with the European Investigation Order.

Orden europea de detención y entrega (European Arrest Warrant)

A decision to hand a person over to another EU country to be tried or serve a sentence there.

Protección consular (consular protection)

Help that an embassy or consulate provides to its country's citizens abroad.

It summarizes the text passed by the committee. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries