Conflicts of jurisdiction and judicial cooperation instruments: Eurojust’s role

Abstract

In European Union law, there is no set of common rules regarding jurisdiction in criminal matters. This absence could give rise to differences between European judges in cross-borders cases, especially in an enlarged area of common criminal law. The establishment of rules on criminal jurisdiction must take into account both the need for efficiency in prosecution and the need for respect for defendants’ rights. Eurojust, which is already playing a role in the prevention of conflict between these two considerations, should be aligned with the provisions of Article 85 TFEU. The adoption of the new Directive on crimes against EU’s financial interests and the proposal for the institution of the European Public Prosecutor’s Office could provide the appropriate occasion for a new approach.