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Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law

Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law

Author: Katalin Ligeti; John Vervaele; Andre Klip
Publisher: Oxford University Press
ISBN: 9780198829119
Published In: December 2018
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg.

The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law.

Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition.

Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fully-formed models for legislative action, coupled with extensive analysis of related themes.
PART I: A European Law Institute Instrument, Katalin Ligeti, John Vervaele and André Klip (ELI Reporters)
Preface to Part I, Frank Meyer
Draft Legislative Proposals for the prevention and resolution of conflicts of jurisdiction in criminal matters in the European Union
PART II: Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law, Edited by Katalin Ligeti and Gavin Robinson
Preface to Part II, Paulo Pinto de Albuquerque
Introduction to the Articles, Katalin Ligeti and Gavin Robinson
1: Report on the Field Research at Eurojust, February 2015, Angelo Marletta
2: The legal basis for preventing and resolving conflicts of criminal jurisdiction in the TFEU, Martin Wasmeier
3: Prevention and settlement of conflicts of jurisdiction (Spanish system), Miguel Carmona Ruano
4: Forum choice in the area of freedom, security and justice, Angelo Marletta
5: Fundamental rights protection between Strasbourg and Luxembourg: Extending transnational ne bis in idem across administrative and criminal procedures, Katalin Ligeti
6: Choice of forum and cybercrime, Gavin Robinson
7: Conflicts of jurisdiction in criminal law: Lessons from European civil procedure, Pietro Ortolani
8: Mutual recognition, choice of forum, and lis pendens: A civil law threesome transposed, Aukje van Hoek
9: Choice of forum, European citizenship, and fundamental rights: The position of the defendant, Michiel Luchtman
10: What role for crime victims in the forum choice?, Michele Simonato
11: Choice of forum and case allocation in the EPPO Regulation, Hans- Holger Herrnfeld