New Law On European Investigation Order In Criminal Matters

By a Law of 1 August 2018 ("Law"), Luxembourg transposed into national law Directive 2014/41/EU on the European Investigation Order in criminal matters ("Directive").

The Directive establishes a single instrument called the "European Investigation Order".

The Directive is not applicable to Denmark or Ireland and does not apply to third countries either. Thus, the Luxembourg Law of 8 August 2000 on international judicial assistance in criminal matters remains in force for international judicial assistance in criminal matters with Member States that are not bound by the Directive (as well as for other Member States until they have transposed it) and for international mutual assistance in criminal matters with third countries.

A European Investigation Order may be issued, inter alia, in the context of criminal proceedings initiated by a judicial authority concerning a criminal offence under the law of the issuing State. It may also be issued in connection with proceedings relating to facts or offences which may give rise to liability or punishment of a legal person in the issuing State.

The Luxembourg authority may refuse to execute a European Investigation Order if, for example, the facts on which it is based do not constitute a criminal offence under Luxembourg law or if it does not meet the penalty threshold provided for in national law for the requested measure.

European Investigation Orders issued to apply coercive measures (e.g. seizures or searches) are subject to specific provisions set out in the Law of 8 August 2000 mentioned above and will impose specific...