ISBN : 9780198829119
This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law'. The ELI's project on conflicts of jurisdiction in criminal law was set up to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction, which is essential for the effective functioning of a European criminal justice area built on mutual recognition. Currently, there are no binding instruments establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU.
PART I: Instrument of the European Law InstituteELI:
Draft Legislative Proposals
About the European Law Institute
Principal Abbreviations
PART II: Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law
Katalin Ligeti and Gavin Robinson: Introduction
1 Angelo Marletta: Report on the Field Research at Eurojust, February 2015
2 Martin Wasmeier: The legal basis for preventing and resolving conflicts of criminal jurisdiction in the TFEU
3 Miguel Carmona Ruano: Prevention and settlement of conflicts of jurisdiction (Spanish system)
4 Angelo Marletta: Forum choice in the area of freedom, security and justice
5 Katalin Ligeti: Fundamental rights protection between Strasbourg and Luxembourg: Extending transnational ne bis in idem across administrative and criminal procedures
6 Gavin Robinson: Choice of forum and cybercrime
7 Pietro Ortolani: Conflicts of jurisdiction in criminal law: Lessons from European civil procedure
8 Aukje van Hoek: Mutual recognition, choice of forum, and lis pendens: A civil law threesome transposed
9 Michiel Luchtman: Choice of forum, European citizenship, and fundamental rights: The position of the defendant
10 Michele Simonato: What role for crime victims in the forum choice?
11 Hans- Holger Herrnfeld: Choice of forum and case allocation in the EPPO Regulation
