Corrigendum

Abstract

Corrigendum to the article “Jurisdiction and Applicable Law in the EU Directive on Transfer of Proceedings in Criminal Matters”, of the New Journal of Criminal Law Volume 1 issue 3. On page 350, lines 8 and 9 for: concerning the future requesting State read concerning the future requested State next paragraph for: Despite the conditions attached to the solution adopted in the Draft Directive, the breadth of the situations covered somewhat reduces their effect: practically the same solution is reached as if competence was automatically accorded to all Member States. Under the current version of the text, the only two situations which would lead to different results under the past versions of the Framework Decision or under the European Convention on Transfer of Proceedings are purely theoretical: 1) a State is competent on a territorial basis but has decided not to prosecute an offence of which all the effects occurred outside the EU, neither the victim nor the suspect being EU nationals or EU residents, or 2) a State is competent on the sole base of universality and of the presence of the suspect on its territory and decides not to prosecute. In these two (marginal) cases, competence will not be granted under the Draft Directive whereas it would have been under the previous texts or under the European Convention on Transfer of Proceedings. read Despite the conditions attached to the solution adopted in the Draft Directive, the breadth of the situations covered somewhat reduces their effect: practically the same solution is reached as if competence was automatically accorded to all Member States. In some cases, competence will not be granted under the Draft Directive whereas it would have been under the previous texts or under the European Convention on Transfer of Proceedings. For example, when an offense is committed in a Member State and all the elements concern this same State, with no element of extraterritoriality, no other State will be granted jurisdiction under the current version of the text. The only States to be granted jurisdiction are the ones to whom the proceedings may be transferred under Article 7. Thus even if the Draft Directive restricts the number of competent States in each case, the difference with the past versions of the Framework Decision or the European Convention on Transfer of Proceedings is purely theoretical.