ABSTRACT – This contribution comments on the judgment delivered by the Court of Justice of the European Union (CJEU) on 18 December 2023 in Case C-325/23, Bissilli. The ruling provides guidance on the interpretation of Directive 2014/41/EU concerning the European Investigation Order (EIO), specifically addressing the hearing of a detained defendant located in another Member State by means of videoconference. The case Bissilli is of particular interest for three distinct reasons. Firstly, by distinguishing between the primary and ancillary purposes of the requested investigative measure, the CJEU helps to define the scope of the EIO. Secondly, the judgment clarifies the relationship between the Directive’s provisions governing the grounds for non-recognition and non-execution of an EIO. It specifies the different functions of Articles 10, 11 and 24, and reiterates that refusal of execution constitutes a narrowly interpreted exception to the principle of mutual recognition. Thirdly, the ruling highlights videoconferencing as a form of cross-border evidentiary cooperation capable of reconciling the needs for efficiency and expediency with the protection of procedural safeguards, in line with the case law of the European Court of Human Rights.
