Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU / by Alejandro Hernández López.

Format:

Book

Author/Creator:

Hernández López, Alejandro, author.

Series:

Comparative, European and International Criminal Justice, 2524-4566 ; 3

Language:

English

Subjects (All):

Law--Europe.

Law.

Criminal law--International unification.

Criminal law.

Conflict of laws.

International law.

Comparative law.

European Criminal Law.

Criminal Law and Criminal Procedure Law.

Private International Law, International and Foreign Law, Comparative Law.

Local Subjects:

European Criminal Law.

Criminal Law and Criminal Procedure Law.

Private International Law, International and Foreign Law, Comparative Law.

Physical Description:

1 online resource (231 pages)

Edition:

1st ed. 2022.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2022.

Summary:

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.

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 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

Regulation On transfer of proceedings

El papel de Eurojust

Judicial control.

Notes:

Includes bibliographical references and index.

Other Format:

Print version: Hernández López, Alejandro Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

ISBN:

9783031156915