Court of Justice 26 October 2023, C-670/22 (Criminal proceedings against M.N.)

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Advocate General Ćapeta opines that a European Investigation Order (EIO) for the transfer of existing evidence gathered via telecommunications interception may be issued by a public prosecutor if national law permits such transfers in similar domestic cases, provided the underlying measure was judicially authorized in the executing State. The Opinion argues that while the intercepting State must notify the territory where subjects are located under Article 31 of Directive 2014/41/EU, the issuing authority cannot review the legality of the executing State's original evidence-gathering measures. Furthermore, the Advocate General maintains that the admissibility of evidence obtained in breach of the EIO Directive remains a matter of national law, subject to the requirements of a fair trial under the Charter of Fundamental Rights of the European Union.AI