CM0905

Draft Framework Decision on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings; Draft Framework Decision on the transfer of proceedings in criminal matters

Note with observations on the Draft Framework Decision on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings and the Draft Framework Decision on the transfer of proceedings in criminal matters, prepared by prof. André Klip (Maastricht University, member
of our committee).
The Meijers Committee shares his view that the initiative to regulate the transfer in proceedings must be welcomed. It would make the network of cooperation among the Member States of the European Union
complete and create a system in which at all stages of the criminal investigation and procedure cooperation may take place, whilst at the same time respecting the rights of the individual. In contrast, the proposal relating to the settlement of conflicts fails to prevent conflicts of jurisdiction at all and does not add anything to what can be done already on the basis of existing rules on cooperation with regard to settling conflicts.

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Published on
25 August 2009

criminal law

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