site.btaEuropean Investigation Order Act Amended on Second Reading

Parliament adopted at second reading Wednesday a bill to amend and supplement the European Investigation Order Act. According to the adopted texts, the persons whose personal or property rights are directly and immediately affected by the execution of the European Investigation Order (EIO) may appeal against the substantive grounds for its issuance within 14 days from the date of knowledge of the execution of the investigative action or the judicial investigative action before the relevant court of first instance when the order was issued in the pre-trial proceedings, and before the court that issued it - in the judicial proceedings.

The private complaint is to be lodged through the relevant prosecutor in the pre-trial proceedings or the relevant court in the proceedings that issued the EIO.

According to the provisions adopted, the court shall hear the appeal within 7 days of its receipt in closed session and shall rule on the lawfulness, necessity and proportionality of the EIO by an order which shall be final. If the court annuls the EIO, the competent authority shall inform the executing State thereof.

The bill states that the proposed changes will overcome the practical impossibility for Bulgarian judicial authorities to issue or execute European Investigation Orders as an instrument of judicial cooperation in criminal matters.