On 23 June 2026, the European Commission published a proposal for a recast Directive on the European Investigation Order (EIO) in criminal matters and a new European Remote Participation Order (ERPO). The proposal aims to close legal gaps in cross-border evidence gathering and enable suspects, accused persons, and victims to participate remotely in criminal hearings from another Member State, reducing trials in absentia and strengthening judicial cooperation.
The proposal, COM(2026) 313 final, is based on the 10th round of mutual evaluations conducted between 2023 and 2024, as well as case-law from the Court of Justice of the European Union. It clarifies several aspects of the current EIO framework, including the use of evidence for purposes other than those originally intended, the definition of 'interception of telecommunications', and the definition of 'issuing authority'. It also sets out procedures for using law enforcement information as evidence and establishes rules on technical recording devices and cross-border surveillance under Article 40 of the Convention Implementing the Schengen Agreement.
The new ERPO allows suspects, accused persons, and victims to join hearings remotely from another Member State as an alternative to physical surrender under Framework Decision 2002/584/JHA on the European Arrest Warrant, where coercive measures are not necessary. This complements Directive (EU) 2016/343 on the right to be present at trial and Directive 2012/29/EU on victims' rights. The proposal is consistent with the ProtectEU Strategy and the DigitalJustice@2030 initiative.
The recast also permits provisional execution of real-time measures such as controlled deliveries, interception, and surveillance where strictly necessary. The proposal now passes to the European Parliament and the Council for negotiation and adoption.
For judicial authorities, the proposal provides clearer rules and reduces legal uncertainty in cross-border evidence gathering. Suspects and accused persons benefit from the possibility to participate remotely, avoiding the need for physical surrender in certain cases, which may reduce the use of pre-trial detention. Victims gain the ability to testify remotely, potentially reducing trauma from travel. However, the new rules may impose additional procedural burdens on national authorities, particularly in setting up remote participation systems and ensuring data protection. The proposal also tightens conditions for using evidence for other purposes, which may limit prosecutorial flexibility.