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Directive 2014/41/EU of the European Parliament and of the CouncilShow full title
Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters
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Article 6Conditions for issuing and transmitting an EIO
1.The issuing authority may only issue an EIO where the following conditions have been met:
(a)the issuing of the EIO is necessary and proportionate for the purpose of the proceedings referred to in Article 4 taking into account the rights of the suspected or accused person; and
(b)the investigative measure(s) indicated in the EIO could have been ordered under the same conditions in a similar domestic case.
2.The conditions referred to in paragraph 1 shall be assessed by the issuing authority in each case.
3.Where the executing authority has reason to believe that the conditions referred to in paragraph 1 have not been met, it may consult the issuing authority on the importance of executing the EIO. After that consultation the issuing authority may decide to withdraw the EIO.
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