Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and direct consultations between competent authorities. However, it lacked common legally binding criteria and specific rules for the transfer of proceedings. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, highlighting its shortcomings and loopholes from a fundamental rights and due process of law perspective. It proposes two alternative de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the possibilities offered by the EU's primary law.

Format: Hardback
Length: 217 pages
Publication date: 22 November 2022
Publisher: Springer International Publishing AG

The European Union's Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for resolving jurisdictional disputes in criminal cases through the mutual exchange of information and direct consultations between competent authorities. However, this instrument did not establish common legally binding criteria for determining the most appropriate jurisdiction or specific rules for the transfer of proceedings, which can occur after parallel proceedings have been identified.

This book examines the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, highlighting its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins by assessing the various principles and grounds used by Member States to claim criminal jurisdiction. It then delves into the EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for preventing and settling conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU's primary law.

The lack of common legally binding criteria and specific rules for the transfer of proceedings has led to concerns about the effectiveness and fairness of the current framework. This book aims to contribute to the ongoing debate by providing a comprehensive analysis of the current legal framework and proposing alternative models that could improve the prevention and settlement of jurisdictional disputes in criminal cases.

Weight: 524g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031156908
Edition number: 1st ed. 2022