Justice – Photo © Yanchenko – Fotolia
(BRUSSELS) – The European Commission adopted a proposal Thursday for a Regulation which aims to harmonise the rules on transfer of criminal proceedings between EU Member States.
According to the Commission, increasing cross-border crime has led to more and more cases where several Member States have jurisdiction to prosecute the same case. Parallel or multiple prosecutions can be inefficient and ineffective, but also possibly detrimental to the rights of the individuals concerned as a person may not be prosecuted or punished for the same offence twice.
The Commission’s proposal aims to help prevent duplications of proceedings and avoid cases of impunity where surrender under a European Arrest Warrant is refused. It also will help ensure that criminal proceedings are conducted in the best-placed Member State, for example, in the State where the major part of the crime occurred.
The common rules will include:
- a list of common criteria for transfer of proceedings, as well as grounds for refusing the transfer of proceedings;
- a time limit for a decision on the transfer of proceedings;
- rules on costs for translation and on the effects of the transfer of proceedings;
- obligations with respect to the rights for the suspects and accused persons, as well as victims;
- rules on the use of cross-border digital channel for communication between competent authorities.
In order to improve the efficiency of the transfer procedure, the proposed Regulation also provides for jurisdiction in specific cases. It is expected to reduce the level of fragmentation, provide greater legal certainty and eventually increase the number of successfully transferred criminal proceedings.
The proposed Regulation will now have to be discussed and agreed by the European Parliament and the Council before entering into force.
New proposals on transfer of criminal proceedings between EU Member States - guide
Proposal for a Regulation on transfer of proceedings in criminal matters
