De Lege Ferenda Proposals on Settlement of Conflicts of Criminal Jurisdiction: Model B—Vertical Approach

Abstract

Our second model proposal is based on applying the principle of supranational integration by means of a new approach, whereby, in certain circumstances, an EU agency (Eurojust) may issue a binding decision on a conflict of criminal jurisdiction. The objective of this vertical model is to establish a new procedure for the prevention and settlement of conflicts of jurisdiction, respectful of the principles of proportionality and subsidiarity. In this regard, in the absence of an agreement between the national authorities, Eurojust would resolve the conflict by a decision that is effectively binding and mandatory for all the national authorities involved. Accordingly, the measures that we propose and will subsequently explain are as follows: replacing the current Framework Decision 2009/948/JHA with a new instrument that establishes a procedure for the prevention and resolution of conflicts of jurisdiction, providing for a possible supranational resolution of the conflict; the ex novo creation of a new mechanism for transfer of criminal proceedings between Member States of the European Union; the approval of the necessary amendments to the Eurojust regulation to permit its binding resolution in the conflict; providing appropriate jurisdictional control, necessarily of a supranational nature, which makes it possible to adopt the above measures and guarantees respect for the rights and guarantees of the investigated or accused person.