Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Generally, the cross-border surveillance is applicable on the basis of the Article 40 of the Schengen Convention and/or bilateral treaties. However, it is also possible on the basis of the EIO Directive if conducted in order to secure an evidence.

Legal Framework

International legal framework applicable for this measure in your Member State

EIO Directive (Annex A). Convention implementing the Schengen Agreement of 1990 (CISA) – EU Convention on mutual assistance and cooperation between customs administrations (Naples II) – Bilateral treaties on Police cooperation (with Lithuania, Germany and Slovak Republic).

Competent Authority

* receive the request/decision for judicial cooperation

Under the EIO Directive – the Circuit Prosecutor’s Office (Prokuratura Okręgowa) having the territorial jurisdiction. Under CISA and multi-/bilateral treaties usually Police, or other LEA depending on their domestic competence. POLISH-GERMAN BORDER: Police, Border Guard, Customs Cooperation Centre and the Commander in Chief of the Police POLISH-SLOVAK BORDER, POLISH-LITHUANIAN BORDER: Commander in Chief of the Police.

Accepted languages

Accepted languages for the request/decision

EIO – Polish, only exceptionally in urgent matters and if the basis for the cross-border observation is the EIO Directive, English. Otherwise – Polish or English.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

According to the EIO Directive deadlines. Otherwise - Authorisation of the requested Member State required within 5 hours after the border was crossed.

Concise legal practical information

Special requirements

Since the transposition of the EIO Directive the cross-border observation may be applied on the basis of the EIO under the condition that there is a prior agreement between the Polish Police/other LEA and the competent authority of the issuing Member State, which enables a Polish prosecutor to confirm such EIO issued by the Polish Police/other LEA, or to issue a decision on executing such EIO issued by the competent authority of another EU Member State. Otherwise, usually with neighbouring countries this measure is applied as a form of a Police-to-Police cooperation and then the cross-border observation of persons is not considered as a form of judicial assistance and hence no involvement of judicial authorities (in Poland a court or a prosecutor) is envisaged. Police/other LEA may cooperate in cross-border observation provided that Poland is a party to certain international agreements. Such agreements include: Convention implementing the Schengen Agreement of 1990 (CISA) and bilateral instruments with neighbouring countries, like Germany, Lithuania, Slovakia.

Last reviewed on 23 January 2024 by EJN Secretariat


  • Cross-border operations (A.70-A.73)
  • A.71 Cross-border hot pursuit

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