Number of legislative instruments are in force, providing for mechanisms for a Member State of the EU to seek the collection of admissible evidence in criminal matters in a cross-border context. The paper deals with the instruments that are involved in the concept of the free movement of evidence in criminal matters in the EU and answers the question whether it does work. First, it focuses on the development from mutual legal assistance to mutual recognition of judicial decisions in criminal matters in the EU. Second, it deals with the current procedural instruments – an Order freezing property or evidence and a European evidence warrant. Third, it analyses the future legislative development in this field – a European investigation order.