Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

Criminal Law › European Union Law

Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

By Alejandro Hernandez Lopez
Springer International November 2022

Specifications

ISBN-13
9783031156908
Publisher
Springer International
Publication
November 2022
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Paperback

Details

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 the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date.

Table of Contents

Chapter 1. Conflicts of criminal jurisdiction in the European Union
Conflict of criminal jurisdiction: scope of application
Grounds for claiming jurisdiction
Chapter 2. Legal Framework on Conflicts of Criminal Jurisdiction
Treaties and Primary Law
Framework Decision 2009/948/JHA
The role of eurojust in the settlement of conflicts of jurisdiction
Transposition into national law: the Spanish Example
Transfer of criminal Proceedings
Chapter 3. Conflicts of criminal jurisdiction and due process of law:
The ne bis in idem Principle
Right to be tried by a tribunal previously estblished by law
Principle of legality
Rights and safeguards of the suspected or accused
Allocation of jurisdiction and the victims interest
Negative effects on the effective prosecution of crimes
Chapter 4. Towards a new model of Settlement of Conflicts:
Background and Methodology
Rationale
External Background: The Council of Europe Proposal
EPPo as an (imperfect) example of a vertical mechanism
Model Proposals: academia background and different approaches
Chapter 5. De Lege Ferenda Model Proposals on Prevention and Settlement of Conflicts of Criminal Jurisdiction:
Horizontal Model
Horizontal model proposal: general aspects
Substitution of framework decision 2009/948/JAI
Regulation on transfer of criminal proceedings
The Role of eurojust
Judicial control
Chapter 6. De Lege Ferenda Model Proposals on Prevention and Settlement of Conflicts of Criminal Jurisdiction:
Vertical Model
Vertical model proposal: general aspects
Substitution of framework decision 2009/948/JAI
Regulation On transfer of proceedings
El papel de Eurojust
Judicial control
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