Conflicts Of Criminal Jurisdiction And Transfer Of Proceedings In The Eu
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Conflicts Of Criminal Jurisdiction And Transfer Of Proceedings In The Eu
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Author : Alejandro Hernández López
language : en
Publisher: Springer Nature
Release Date : 2022-11-21
Conflicts Of Criminal Jurisdiction And Transfer Of Proceedings In The Eu written by Alejandro Hernández López and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-21 with Law categories.
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.
Conflicts Of Criminal Jurisdiction And Transfer Of Proceedings Within The European Union From Lege Lata To Lege Ferenda
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Author : Alejandro Hernandez Lopez
language : en
Publisher:
Release Date : 2022
Conflicts Of Criminal Jurisdiction And Transfer Of Proceedings Within The European Union From Lege Lata To Lege Ferenda written by Alejandro Hernandez Lopez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
Explanatory Report On The European Convention On The Transfer Of Proceedings In Criminal Matters
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 1972-01-01
Explanatory Report On The European Convention On The Transfer Of Proceedings In Criminal Matters written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972-01-01 with Political Science categories.
Convention opened for signature on 15.5.72
Conflicts Of Jurisdiction In Criminal Matters In The European Union
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Author : Martin Böse
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2013
Conflicts Of Jurisdiction In Criminal Matters In The European Union written by Martin Böse and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Criminal jurisdiction categories.
In a globalized world, criminal law cases with cross-border elements have become a common phenomenon. The citizen is thus confronted with the criminal law of several states. Due to different criminal policies, some of these might regard his conduct as punishable, while others regard it as unpunishable. It could also happen that criminal proceedings are initiated in different states at the same time. This study aims at analyzing whether conflicts of jurisdiction between national criminal laws can be avoided or rather settled at an earlier stage by harmonizing the national criminal law and thus restricting the scope of the application of national criminal law. The first volume contains reports from ten EU member states which explain the scope of national criminal law as well as other, also procedural, mechanisms for the settlement of conflicts of jurisdiction.
Finding The Best Place For Prosecution
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2002
Finding The Best Place For Prosecution written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Conflict of laws categories.
In order to fight international crime, most EU Member States have systematically extended their territorial and extra-territorial claims of jurisdiction. As a consequence of this evolution, an increasing number of international crimes can be prosecuted in more than one State.Therefore, the question of whether a crime will be prosecuted has become subordinate to the question of which State is in the best position to prosecute. This phenomenon is of major importance since conflicts of jurisdiction have significant consequences for the States and the individuals involved. Not only criminal law, but also criminal procedure law differs from country to country.The change of forum for an international case can therefore be detrimental both to the offender's and the victim's legal status. Article 31 d of the Treaty on European Union shows that the European Union shares this concern. In order to contribute to the enhancement of an area of freedom, security and justice within the European Union, this article prescribes that conflicts of jurisdiction between Member States should be prevented. This book provides a new analysis of the question of how conflicts of jurisdiction can be prevented or solved and what the European Union's policy could be in that respect.A pragmatic, realistic, and short-term solution is proposed, paying specific attention to the rights of all parties involved.
Preventing And Resolving Conflicts Of Jurisdiction In Eu Criminal Law
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Author : Katalin Ligeti
language : en
Publisher: Oxford University Press, USA
Release Date : 2018
Preventing And Resolving Conflicts Of Jurisdiction In Eu Criminal Law written by Katalin Ligeti and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
La 4ème de couv. indique : "This edited volume is based on the European Law Institute's project 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fullyformed models for legislative action, coupled with extensive analysis of related themes."
Eu Criminal Justice
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Author : Tommaso Rafaraci
language : en
Publisher: Springer
Release Date : 2018-12-13
Eu Criminal Justice written by Tommaso Rafaraci and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
Extraterritorial Criminal Jurisdiction
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Author : European Committee on Crime Problems
language : en
Publisher:
Release Date : 1990
Extraterritorial Criminal Jurisdiction written by European Committee on Crime Problems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Paket Conflicts Of Jurisdiction In Criminal Matters In The European Union
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Author : Martin Böse
language : de
Publisher:
Release Date : 2014-12-18
Paket Conflicts Of Jurisdiction In Criminal Matters In The European Union written by Martin Böse and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-18 with categories.
Conflicts Of Jurisdiction In Criminal Matters In The European Union
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Author : Martin Böse
language : en
Publisher:
Release Date : 2014
Conflicts Of Jurisdiction In Criminal Matters In The European Union written by Martin Böse and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Electronic books categories.
In a globalized world, criminal law cases with cross-border elements have become a common phenomenon. The citizen is thus confronted with the criminal law of several States. Due to different criminal policies, some of these might regard the citizen's conduct as punishable, while others regard it as unpunishable. It could also happen that criminal proceedings are initiated in different States at the same time. This study analyzes whether conflicts of jurisdiction between national criminal laws can be avoided or rather settled at an earlier stage by harmonizing the national criminal law and thus.