Interception of Communications on the Territory of Another European Union Member State Based on the European Investigation Order

Abstract

The article begins with an explanation of why the topic of the European Investigation Order and interception of communications was addressed. The great practical importance of this issue as well as the lack of detailed studies on this subject have been highlighted. The specialist character of the study paper was then explained and each stage of the procedure for the implementation of interception of communications on the basis of an EIO, i.e., the agreement between the parties, the approval by the prosecutor and the court, and the implementation of interception has been discussed. However, each of the abovementioned steps involves problematic issues pertaining to the facts of the case and the law, which had to then be analysed and the arising concerns resolved. Amongst other things, the article mentions that competent prosecutors read and evaluate the EIO before sending it to a court and propose their decision on the EIO and the role of the court in approving it. The issue of classification of confidential documents as secret and what must be done to effectively deliver them to the state that executes the EIO to implement the interception is discussed. The article concludes with a summary containing a brief description of the most important conclusions resulting from the detailed analysis of the research undertaken.