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The study exposes, in a structured way, the essential aspects that sum up and define the set of procedural documents composing the European Investigation Order (EIO). In addition to the dynamics of the procedural document requesting the administration of some evidence, the legal nature of the procedural documents issued by the judicial body from the structures of the requested state is also analyzed, in order to highlight the complexity of the principles of legality and finding the truth at the European level. The content of the study shows the intrinsic and extrinsic elements of an effective judicial instrument in the activity of procedural administration of the evidence necessary to find out the objective truth, in the spirit of art. 5 para. (1) CPP. The contribution of the study in the study and clarification of the researched object is decisive, original, adding an extra step to the act of knowledge of the legal nature and form of the EIO.

The chosen topic, through its novelty in the field of international judicial cooperation in criminal matters, presents both theoretical and practical importance through the procedural-criminal implications it determines. The author analyzes both synthetically and analytically the functionality of the institution of the European investigation order, determining its content, application limits and subjects involved in the criminal trial report, highlighting the aspects of non-correlation of the objective with the intended purpose. The conclusions materialized in proposals to complete and improve the existing legislative framework, represented by Law no. 236/2017.

The European Investigation Order (EIO) is the newest instrument of international judicial cooperation in criminal matters between the Member States of the European Union. The purpose of this paper is to analyse this new European initiative regarding an European Investigation Order (EIO) based on the principle of mutual recognition which shall facilitate the gathering and transmission of evidence in criminal matters between Member States. The author present the necessity of an EIO and analyse if it provides enough safeguards for the protection of the fundamental rights of the defendant and the differences between this proposed instrument and the European Evidence Warrant with shows the ECJ jurisprudence tendency. In the end, after presenting some relevant aspect regarding EIO, including the UK”s post-transition relationship with the EU, the paper ends with proposals for the ferenda law concerning the accomplishment of an adequate juridical framework and the application of the legal stipulation referring to international judicial cooperation in criminal matters.