What is happening

On 23 June 2026, the European Commission published a legislative proposal with two linked objectives: clarify how authorities gather and use evidence across participating Member States, and create a European Remote Participation Order for joining criminal court hearings from another Member State. The Commission calls it a recastThe technique used in this proposal to replace and repeal the current directive while incorporating targeted amendments into the replacement text. because it would replace and repeal the current directive while incorporating targeted amendments.¹

The existing European Investigation Order is a request used by judicial or other competent authorities to obtain evidence in a criminal case with a cross-border dimension. The current directive has applied since May 2017. A 2023–24 evaluation found frequent use, but also differing national interpretations and missing procedures. The draft would retain the evidence-gathering framework while revising selected rules.¹

The proposed remote-participation order would let a Member State request help so a suspect, accused person or victim can attend through videoconferencing or another distance technology from a country where they reside, are detained or are temporarily staying for justified reasons. Its use in individual cases would remain at Member States’ discretion and would not broadly align their domestic criminal procedures.¹

Why it matters

The evaluation identified four areas of inconsistent interpretation or missing procedures: using evidence for other purposes; telecommunications interception; technical recording devices and their relationship with cross-border surveillance under Schengen rules; and using previously exchanged law-enforcement information as evidence. The draft would also clarify onward transfers, who may issue an order, and evidentiary use of information exchanged by law-enforcement authorities or spontaneously by judicial authorities.¹

For remote hearings, the Commission says common rules are needed because only some Member States have specific cross-border arrangements and their rules vary. Consent would be the general rule. Safeguards would cover fair proceedings, procedural rights, confidential communication with a lawyer, technical failures, vulnerable people and children. The Commission says this could reduce trials held without the accused present and, where appropriate, limit repeated travel or stressful situations for victims.¹

What happens next

The draft identifies the European Parliament and Council as the lawmakers that would act on it. Its proposed obligations are conditional on adoption. If adopted, Member States would need to identify the national provisions used to put the directive into effect and provide explanatory documents to the Commission.¹

Implementation would also involve Commission legal, policy and coordination work, plus development, adaptation, testing, maintenance and support for IT components. The Commission acknowledges budgetary implications and expects public-authority costs to be offset by fewer delays, transfers and related operational tasks. An accompanying financial and digital statement details the expected budget and staffing requirements.¹