Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

EnglishHardbackPrint on demand
Hernández López, Alejandro
Springer International Publishing AG
EAN: 9783031156908
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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.

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 variousprinciples 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.

EAN 9783031156908
ISBN 3031156900
Binding Hardback
Publisher Springer International Publishing AG
Publication date November 22, 2022
Pages 217
Language English
Dimensions 235 x 155
Country Switzerland
Authors Hernandez Lopez, Alejandro
Illustrations 1 Illustrations, black and white; XVIII, 217 p. 1 illus.
Edition 2022 ed.
Series Comparative, European and International Criminal Justice