Analysis conflicts of jurisdiction in criminal proceedings to the european union legal framework

• Author: Mihaela Aghenitei - Ion Flamânzeanu
• Position: Phd Lecturer, Visiting researcher, Constantin Brâncoveanu University - Pite
  ti, Braila Filial - PhD Lecturer, Researcher 3rd Grade, Juridical Researches Institute within the Romanian Academy
• Pages: 1-5

ANALYSIS CONFLICTS OF JURISDICTION IN CRIMINAL

PROCEEDINGS TO THE EUROPEAN UNION LEGAL FRAMEWORK

Agheniţei Mihaela

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Flămânzeanu Ion

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Abstract

Because of the increase in the monument of persons and capital in the European

Union, the extended scope of the national jurisdictions of states and the advancements in

technology which took place in the last time, the criminal justice systems of the European

Union States are increasingly confronted with situation where several states have criminal

jurisdiction to investigate and bring to trial the same facts relating to the commission of

criminal offences. For example, when two or more states may be able to establish their

jurisdiction for the same facts in situation where the commission of a criminal offence crosses

the territory of several European Union states or the effects of an offence are felt in the

territory of several states or in situations where an offences is being committed in a state but

the nationality or the place of residence of the perpetrators persons or victims points to

another state in the European Union. Such situations may lead to a conflict of jurisdiction,

when two or more states have initiated parallel proceedings for the same facts or when none

of the states concerned is willing to bring to trial certain of those facts. Thus, one may validly

argue that the European Union legislator has to lay down rules which would deal with the

consequences of such situations.

Key words: “conflicts of jurisdiction”, “criminal proceedings”, “European Union

legal framework”, “ne bis in idem” (double jeopardy), “criminal laws”

Introduction

The European Union legal framework needs to provide for rules which would

determine how the states should exercise their competence in cases which may led to a

jurisdiction conflict and for an effective procedure under which jurisdiction conflicts can be

resolved if they arise. So, one should bear in mind Art.31 (1) (d) of the Treaty on European

Union, according to which common action between judicial act other competent authorities

of the states on judicial cooperation in criminal matters shall include preventing conflicts of

jurisdiction between European states. About this, The Hague Program for strengthening

freedom, security and justice in the European Union which was approved by the European

Council at its meeting on 5 November 2004, at point 3.3 noted that „with a view to

increasing the efficiency of prosecutions, while guaranteeing the proper administration of

justice, particular attention should be given to po ssibilities of concentrating the prosecution

in cross-border multilateral cases in one European state.”

A. The question which accordingly arises in whether the current legal framework

facilitates a choice of forum for the trial which is appropriately placed. So, the European

Union legislator can take measures which would improve the current legal framework.

What is the real situation?

Because of the increase in the monument of persons and capital in the European

Union, the extended scope of the national jurisdictions of states and the advancements in

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Phd Lecturer, Visiting researcher, Constantin Brâncoveanu University - Pitești, Brăila Filial, Email:

m_aghenitei@yahoo.com

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PhD Lecturer, Researcher 3

rd

Grade, Juridical Researches Institute within the Romanian Academy