Judicial cooperation: Commission proposes rules on the transfer of criminal proceedings between Member States

Today, the European Commission has adopted a proposal for a Regulation on the transfer of criminal proceedings between Member States. 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.

This proposal will therefore help prevent duplications of proceedings and avoid cases of impunity where surrender under a European Arrest Warrant is refused. Furthermore, it 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.

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.

Source: European Commission