Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

Author: Alejandro Hernandez Lopez
Publisher: Springer International
ISBN: 9783031156908

Published In: November 2022
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9783031156939

AU$319.00

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Description
Contents

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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.

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