The Working Party on Judicial Cooperation in Criminal Matters (COPEN) is scheduled to meet on 2 September 2026 at 10:00 in Brussels to exchange views on a Presidency note concerning the recast of the European Investigation Order (EIO) and the proposed new European Remote Participation Order. The meeting, to be held at the Europa Building, will bring together one delegate per member state plus one advisor to discuss the latest text (document 11794/26) on the directive proposal.
The agenda item reflects ongoing efforts to update cross-border evidence-gathering rules in criminal proceedings. The European Investigation Order, established by Directive 2014/41/EU, allows judicial authorities in one member state to request investigative measures in another. The recast aims to streamline procedures and adapt to digital evidence challenges. The new European Remote Participation Order would enable suspects or witnesses to participate in proceedings via video link from another member state, reducing costs and delays.
No prior coverage of this file exists in the last 180 days. The COPEN working party, which prepares Council decisions on judicial cooperation, will use the meeting to gather member state feedback before the proposal advances to the Committee of Permanent Representatives (COREPER) and potentially the Justice and Home Affairs Council. The outcome of the exchange may influence the timeline for formal adoption, which requires qualified majority in the Council and consent from the European Parliament.
Stakeholders affected include national judicial authorities, which would need to implement new procedures; legal practitioners, who must adapt to updated rules on evidence admissibility; and defendants, who may benefit from streamlined cross-border participation. The proposal balances efficiency gains against potential costs for member states to upgrade video-link infrastructure and train personnel. Business and industry sectors with cross-border operations may also be impacted if the orders facilitate faster evidence collection in corporate crime cases.
after the COPEN exchange, the Presidency may revise the proposal for further discussion. The European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) is expected to adopt its position later in 2026, setting the stage for trilogue negotiations.