Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU
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...
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| Format: | eBook |
| Language: | English |
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Cham
Springer International Publishing
2022, 2022
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| Edition: | 1st ed. 2022 |
| Series: | Comparative, European and International Criminal Justice
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| Online Access: | |
| Collection: | Springer eBooks 2005- - Collection details see MPG.ReNa |
Table of Contents:
- Chapter 1. Conflicts of criminal jurisdiction in the european union
- Conflict of criminal jurisdiction: scope of application
- Grounds for claiming jurisdiction
- Chapter 2. Legal Framework on Conflicts of Criminal Jurisdiction
- Treaties and Primary Law
- Framework Decision 2009/948/JHA
- The role of eurojust in the settlement of conflicts of jurisdiction
- Transposition into national law: the Spanish Example
- Transfer of criminal Proceedings
- Chapter 3. Conflicts of criminal jurisdiction and due process of law
- The ne bis in idem Principle
- Right to be tried by a tribunal previously estblished by law
- Principle of legality
- Rights and safeguards of the suspected or accused
- Allocation of jurisdiction and the victim´s interest
- Negative effects on the effective prosecution of crimes
- Chapter 4. Towards a new model of Settlement of Conflicts: Background and Methodology
- Rationale
- External Background: The Council of Europe Proposal
- EPPo as an (imperfect) example of a vertical mechanism
- Model Proposals: academia background and different approaches
- Chapter 5. De Lege Ferenda Model Proposals on Prevention and Settlement of Conflicts of Criminal Jurisdiction: Horizontal Model
- Horizontal model proposal: general aspects
- Substitution of framework decision 2009/948/JAI
- Regulation on transfer of criminal proceedings
- The Role of eurojust
- Judicial control
- Chapter 6. De Lege Ferenda Model Proposals on Prevention and Settlement of Conflicts of Criminal Jurisdiction: Vertical Model
- Vertical model proposal: general aspects
- Substitution of framework decision 2009/948/JAI
- Regulation On transfer of proceedings
- El papel de Eurojust
- Judicial control