Clifford Chance

European Investigation Order

13 November 2017

The Legislative Decree (the "Law") of 21 June 2017 no. 108 "Rules on the implementation of Directive 2014/41/EU of the European Parliament and Council of 3 April 2014 (the "Directive"), relating to the European Investigation Order in criminal matters was published in the Gazzetta Ufficiale no. 162 on 13 July 2017.

The Law, which has been in force since 28 July 2017, introduces into Italy a new instrument for the crossborder acquisition of investigation files and evidence (search and seizure; wiretaps; witness interviews; information from banks and financial institutions) and allows their transfer through a single and unified order across Europe and the direct and immediate correspondence between the competent authorities of the various states. This replaces the old system of letters rogatory which, however, will remain in force between Italy and the member states that opted out of the Directive (Denmark and Ireland) and in the relations between Italy and non-member states (such as Iceland and Norway).

In this transnational context, having lawyers highly specialised in cross border litigation mirroring the European Judicial Network and other pre-existing cooperation networks (e.g. Eurojust) – is now, more than ever, essential for the purposes of the legal advice required by law.

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