Overview
- Analyses the EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings
- Examines the latest regulations issued by EU institutions, as well as the relevant case law issued by the CJEU
- Discusses the present and future role of Eurojust after Regulation (EU) 2018/1727
Part of the book series: Comparative, European and International Criminal Justice (CEICJ, volume 3)
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About this book
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.
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Keywords
Table of contents (6 chapters)
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Front Matter
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Back Matter
Authors and Affiliations
About the author
Alejandro Hernández López is a postdoctoral research fellow and Professor of criminal procedure law at the University of Valladolid.
Bibliographic Information
Book Title: Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU
Authors: Alejandro Hernández López
Series Title: Comparative, European and International Criminal Justice
DOI: https://doi.org/10.1007/978-3-031-15691-5
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG and G.Giappichelli Editore 2022
Hardcover ISBN: 978-3-031-15690-8Published: 22 November 2022
Softcover ISBN: 978-3-031-15693-9Published: 22 November 2023
eBook ISBN: 978-3-031-15691-5Published: 21 November 2022
Series ISSN: 2524-4558
Series E-ISSN: 2524-4566
Edition Number: 1
Number of Pages: XVIII, 217
Number of Illustrations: 1 b/w illustrations
Topics: European Criminal Law, Criminal Law and Criminal Procedure Law, Private International Law, International & Foreign Law, Comparative Law