As part of their efforts to facilitate the use of the European Investigation Order (EIO), Eurojust and the European Judicial Network (EJN) have published the Joint Note of Eurojust and the European Judicial Network on the practical application of the European Investigation Order. The first edition of the Joint Note, which was published in June 2019, is a compilation of information on the EIO and its application gathered by Eurojust and the EJN during meetings, documents and casework. It includes examples of the common issues and challenges encountered by national authorities when using the EIO, as well as possible solutions and best practice.

In particular, the Joint Note offers information and guidance on:

• the scope of the EIO, including criteria for determining when the EIO Directive should apply, or when other measures that are not covered by the EIO Directive should be used;

• how to complete the EIO form in terms of content and language, including information or documents to be provided, or how to solve translation issues;

• issuing and transmitting an EIO, including its proportionality and the competent authorities involved, as well as the channels for transmission;

• recognition and execution, including the relevant competent authorities, possible grounds for non-recognition or non-execution, and information on urgent cases;

• specific investigative measures related to the EIO, including the use of telephone conferences or videoconferences, and the interception of telecommunications;

• the application of the specialty rule in the context of the EIO Directive;

• the types of assistance provided by Eurojust and the EJN to practitioners in their daily use of the EIO; and

• the use of the EIO vis-à-vis other judicial cooperation tools, such as freezing instruments, joint investigation teams and European Arrest Warrants.

The Joint Note is a living document and it is the intention of Eurojust and the EJN to update it in the future. The most recent edition of the Joint Note is available here.