Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

ISBN-13: 9783031156908 / Angielski / Twarda / 2022 / 217 str.

Alejandro Hern?ndez L?pez

Opis

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.This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU’s primary law.

Spis treści

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 victim´s 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.

O autorze

​Alejandro Hernández López is a postdoctoral research fellow and Professor of criminal procedure law at the University of Valladolid.