Die Europäische Ermittlungsanordnung und ihre Umsetzung in die deutsche und französische Rechtsordnung

»The European Investigation Order and its Transposition into French and German Law«

This study focuses on European judicial cooperation in the search for criminal evidence and in particular the Directive 2014/41/EU. The Directive introduces a new instrument, the European Investigation Order, which is based on the principle of mutual recognition. The objective is to improve cooperation between EU Member States in the collection of cross-border evidence. This study analyses the new approaches adopted by the Directive and its transposition into French and German law. It lights up the practical implementation of the Directive through targeted examples of cooperation between France and Germany. Is the introduction of the European Investigation Order part of the harmonisation process of national criminal procedures in the European Union or does it run up against divergences in national procedural rights at the expense of the suspect's rights?