The European Investigation Order: Stepping Forward with Care
| Published date | 01 December 2010 |
| DOI | 10.1177/203228441000100403 |
| Date | 01 December 2010 |
| Subject Matter | Analysis & Opinions |
New Journal of Eur opean Crimina l Law, Vol. 1, Issue 4, 2010 425
tHe eURoPeAn InvestIGAtIon oRDeR:
stePPInG FoRwARD wItH CARe
A F*
1. INTRODUCTION
With the entry into force of the Lisbon Treaty in December 2009, the so-c alled “third
pillar” ca me to an end. Henceforth standa rd European Union legislation in the for m
of Directives and Regulations will provide the framework for criminal law cooperation
between EU member s tates, progressively replacing conventions and f ramework
decisions.
is does not mea n however that there will be one uniform body of cr iminal law
eective in all Member States . e Treaty of Lisbon does not change the approach
adopted initi ally at Tampere on mutual recognition. Speaking at the European Law
Academy (ERA) i n Trier on 12 March 2010 Viviane Redding, the C ommission Vice
President with resp onsibility for Justice and Home Aairs said the Commission had
an objective
“to develop a common European judicial are a where national law enforcers and judiciaries
can trust and rely on each ot her. To develop a common area where judicial decisions take n
in one ju risdiction ca n be eect ively enforced in other jurisdic tions as easi ly as they can
nationally.”
2. FRAUD
is paper addresses the question of how practitioners – particularly those investigating
and prosecuting sus pected fraud – are aected by the implementation of some of the
changes brought about by the Lisbon Treaty.
* Solicitor, England and Wales: f rom 1988 to 1996 member of t he Fraud Invest igation Group at the
Crown Prosecution Ser vice; from 1996 to 2002 at the Serious Fraud Oce (SFO); from 2002 to 2004
at the Magist rats Unit at OLAF as the U K/Common Law member. Just ret ired from the SFO where
he had been special ising in corruption, inte r alia assessing a ll new allegations of corr uption against
UK citizens and compa nies; extensive exper ience of transnational inves tigations and of working on
enquiries wit h agencies of other juri sdictions.
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