In April 2010, a group of seven Member States (Austria, Bulgaria, Belgium, Estonia, Slovenia, Spain and Sweden) has put forward a proposal for a Directive of the European Parliament and the Council regarding the European Investigation Order in criminal matters (hereafter “the EIO”), which would replace the existing legal framework applicable to the gathering and transfer of evidence between the Member States. The European Investigation Order (EIO) is a proposed procedure that would allow the authorities in one member state (the "issuing authority") to request that specific criminal investigative measures be carried out by another member state (the "executing authority").

The most significant innovations introduced by the EIO are described below :

• The EIO focuses on the investigative measure to be executed, rather than on the type of evidence to be gathered.
• The EIO has a broad scope: all investigative measures are covered, except those explicitly excluded.
• It is in principle the issuing authority which decides on the type of investigative measure to be used. However, flexibility is introduced by allowing, in a limited number of cases, the executing authority to decide to have recourse to an investigative measure other than that provided for in the EIO.
• Clear time limits are provided for the recognition and, with more flexibility, for the execution of the EIO. The proposal also innovates by providing the legal obligation to execute the EIO with the same celerity and priority as for a similar national case.
• The EIO provides for the use of a form that should be used in all cases.
• Other innovations - both compared to the European Evidence Warrant and to Mutual Legal Assistance - are the rationalisation of the grounds for refusal and the right of the issuing authority to request that that one or several of its officials assist in the execution of the measure in the executing State.

A partial general approach on the main regime has been reached at the meeting of the Council on 10 June 2011, allowing to proceed with the examination of the specific provisions on certain investigative measures.

Though the directive is still at the draft stage and has yet to be approved by the European Parliament

European Parliament

The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...

 and EU Council

European Council

The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...

, it has been criticised by Fair Trials International

Fair Trials International

Fair Trials International is a UK-registered non-governmental organization which works for fair trials according to international standards of justice and defends the rights of those facing charges in a country other than their own....

 and some UK parliamentarians

Member of Parliament

A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...

, who fear that it will allow increased police surveillance and disproportionate use of investigative powers in trivial matters.