The Law Institute at ZRS Koper is conducting a fundamental research project on cross-border interception of telecommunications in the EU within the framework of the INCEPT project

The INCEPT project (Supporting Cross-Border Judicial Cooperation in Cases Related to Interception of Telecommunications, JUST-2024-JCOO-101192923), which was launched in January 2025 and is funded by the European Commission’s Justice Programme, focuses on enhancing cross-border judicial cooperation within the European Union with regard to the interception of telecommunications in criminal investigations. This critical area involves the interception of various forms of electronic communication, such as phone calls, messaging apps, emails and social media platforms, which are frequently exploited for organised crime, terrorism and cybercrime.

Despite the importance of telecommunications interception, there is currently no unified EU regulation governing covert investigative measures related to this practice. Instead, each Member State applies its own national legal framework, and these vary significantly across the EU in terms of authorisation procedures, technical standards, and safeguards. The European Investigation Order (EIO) Directive, adopted in 2014, is the main legal instrument for judicial cooperation in gathering evidence across borders, including telecommunications interception. However, practical challenges continue to impede seamless cooperation.

Through its D2.1 report, titled ‘Report on collected and analysed data’, the INCEPT project has identified persistent issues in the implementation of cross-border interception through EIOs, particularly in Central and Eastern Europe. The Science and Research Centre Koper (ZRS Koper) coordinated and oversaw this report, serving as the WP2 leader and main project partner responsible for data collection and research at the European level. ZRS Koper coordinated secondary research, integrating national-level data from project partners in Bulgaria, Poland, the Czech Republic and Slovenia. They conducted a comprehensive literature review and mapped legal frameworks, practices and challenges surrounding cross-border judicial cooperation related to telecommunications interception. This provided the essential foundational research to inform the project’s methodology and outputs.

The D2.1 report forms the basis of the INCEPT project’s research, offering a detailed analysis of the current state of telecommunications interception, judicial cooperation and electronic evidence exchange across Central and Eastern Europe. It also highlights the challenges and best practices for improving cross-border cooperation within the EU. The researchers hope that the report will contribute meaningfully to identifying existing gaps and potential best practices in response to the many challenges and complexities associated with implementing the EIO, and support project partners in strengthening practitioners’ knowledge, skills and motivation for effectively exchanging evidence across borders in criminal proceedings.