Ordine Europeo di Indagine: il nuovo volto della cooperazione giudiziaria in materia penale

After many attempts to create a legal network based on judicial cooperation, mutual assistance and mutual recognition, finally, a new system was developed thanks to the Directive 2014/41/EU of the European Investigation Order. This tool is innovative because it eliminates most of the legal barriers set out by Member State of the European Union. It is perceivable how it has improved and strengthened the field of criminal justice, but also how it was transposed into national legislations, more specifically into the Italian legal system. The first chapter deals with the previous normatives regulating cross-border criminal cases until the entry into force of the EIO, and also by analysing their limited usability. Then, the second chapter concerns about the application of the European Investigation Order. In fact, the application and execution entails the analysis of the conditions for issuing an EIO, its recognition by the executing State and the execution of it. In addition to that, when it comes to European Investigation Order, it is also necessary to deal with the principle of proportionality, the ne bis in idem principle, the matter of balancing the ways of investigation with the respect of fundamental rights and the relationship between the lex fori and lex loci. In conclusion, the third chapter will analyse the various investigative measures envisaged in the sphere of judicial cooperation in criminal matters. This last chapter, in fact, will focus on the measures concerning wiretapping, video-conferences, and investigations on bank accounts and financial transactions. ​