Spetsializirana prokuratura () and a la localisation) (Judicial cooperation in criminal matters - EIO seeking to obtain traffic and location data associated with telecommunications - Concept of 'issuing authority' - Judgment) [2021] EUECJ C-724/19 (16 December 2021)

Spetsializirana prokuratura () and a la localisation) (Judicial cooperation in criminal matters - EIO seeking to obtain traffic and location data associated with telecommunications - Concept of 'issuing authority' - Judgment) [2021] EUECJ C-724/19 (16 December 2021)

Article 2(c)(i) of Directive 2014/41/EU precludes a public prosecutor from issuing an EIO for traffic and location data if, in a similar domestic case, only a judge is competent to order such measures. Recognition by the executing authority cannot replace the requirement for proper issuance by a competent authority in the issuing State.

Citation
[2021] EUECJ C-724/19
Parties
Accused: HP; Prosecution: Bulgarian public prosecutor’s office
Jurisdiction
European Union
Judgment Date
16 December 2021
Procedural Posture
Preliminary Ruling (cjeu) / Reference for Preliminary Ruling From National Criminal Proceedings
Outcome
Preliminary ruling: Article 2(c)(i) of Directive 2014/41/EU precludes a public prosecutor from issuing an EIO for traffic and location data where, in a similar domestic case, only a judge is competent; recognition by the executing authority cannot cure improper issuance.
Legal Topics
European Investigation Order, Telecommunications Data, Judicial Cooperation in Criminal Matters, Competence of Issuing Authority, Mutual Recognition, Fundamental Rights
Criminal Law European Union Law Data Protection Law European Investigation Order Telecommunications Data Judicial Cooperation in Criminal Matters Competence of Issuing Authority Mutual Recognition +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

HP

Accused

Bulgarian public prosecutor’s office

Prosecution

Procedural Posture

Preliminary Ruling (cjeu) / Reference for Preliminary Ruling From National Criminal Proceedings

Legal Issues

  1. 1 Whether Article 2(c)(i) of Directive 2014/41/EU precludes a public prosecutor from issuing an EIO for traffic and location data where, in a similar domestic case, only a judge is competent.
  2. 2 Whether recognition by the executing authority can replace the requirement for proper issuance by a competent authority in the issuing State.

Ratio Decidendi

Article 2(c)(i) of Directive 2014/41/EU precludes a public prosecutor from issuing an EIO for traffic and location data if, in a similar domestic case, only a judge is competent to order such measures. Recognition by the executing authority cannot replace the requirement for proper issuance by a competent authority in the issuing State.

Court Disposition

Preliminary ruling: Article 2(c)(i) of Directive 2014/41/EU precludes a public prosecutor from issuing an EIO for traffic and location data where, in a similar domestic case, only a judge is competent; recognition by the executing authority cannot cure improper issuance.