Towards a New Model of Settlement of Conflicts: Background and Methodology

Abstract

AbstractAfter analyzing the EU regulatory framework on the prevention and settlement of conflicts of jurisdiction, and, more specifically, the solutions adopted through secondary law legislation, we can sustain that there is no procedure that establishes a homogeneous solution, nor one which guarantees that once the conflict has occurred, it will be settled after consideration of all the circumstances applicable to the case and in the interest of proper administration of justice. Both practice and law-making representatives strive for a new legal framework on this issue. We consider that the lack of specific legislative proposals should be tackled by the academia through the recommendation of new hypothetical solutions and models for the prevention and settling of conflicts. These will encourage a renewed debate on the opportunity to comprehensively improve the system, guaranteeing the effective prosecution of transnational crime and, at the same time, full respect for the guarantees and procedural rights and safeguards of the parties involved in the proceedings. Consequently, and in line with the main objectives of this book, in this chapter we will define the methodological bases for proposing our own de lege ferenda models in order to improve the current standard for the prevention and resolution of conflicts of criminal jurisdiction between Member States.