On 29 June 2026, the European Commission published a proposal to recast the European Investigation Order (EIO) Directive and establish a new European Remote Participation Order (ERPO) for cross-border criminal proceedings. The proposal aims to clarify legal ambiguities identified in the 2014 EIO Directive and introduce common rules for remote participation of suspects, accused persons, and victims in court hearings from another Member State.
The proposal follows the 10th round of mutual evaluations (2023-2024) and case-law from the Court of Justice of the European Union, which revealed gaps in the existing framework, including inconsistent rules on evidence use, telecommunications interception, videoconferencing, and cross-border surveillance. The recast clarifies definitions such as 'issuing authority' and 'telecommunications', sets procedures for using law enforcement information as evidence, and addresses the interaction between EIOs and cross-border surveillance under Article 40 of the Schengen Convention. It also allows provisional execution of real-time investigative measures like controlled deliveries and telecommunications interception where strictly necessary to maintain effectiveness.
The new ERPO establishes common rules for remote participation in criminal court hearings, including pre-trial and trial stages, from another Member State. It includes safeguards to ensure fair proceedings and protect procedural rights under Articles 47 and 48 of the EU Charter and Directive (EU) 2016/343. The ERPO may serve as an alternative to physical surrender under Framework Decision 2002/584/JHA when coercive measures are not necessary. The proposal complements existing instruments such as the Digitalisation Regulation (EU) 2023/2844 and Directive 2012/29/EU on victims' rights.
The proposal is scheduled for discussion at the Council meeting on 8 July 2026. It will then be subject to negotiation between the European Parliament and the Council under the ordinary legislative procedure. The recast is expected to strengthen cross-border judicial cooperation and mutual trust among Member States, while balancing efficiency with procedural safeguards for defendants and victims.