Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law A European Law Institute Instrument

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', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fully-formed models for legislative action, coupled with extensive analysis of related themes.

1 - Report on the Field Research at Eurojust, February 2015
2 - The legal basis for preventing and resolving conflicts of criminal jurisdiction in the TFEU
3 - Prevention and settlement of conflicts of jurisdiction (Spanish system)
4 - Forum choice in the area of freedom, security and justice
5 - Fundamental rights protection between Strasbourg and Luxembourg: Extending transnational ne bis in idem across administrative and criminal procedures
6 - Choice of forum and cybercrime
7 - Conflicts of jurisdiction in criminal law: Lessons from European civil procedure
8 - Mutual recognition, choice of forum, and lis pendens: A civil law threesome transposed
9 - Choice of forum, European citizenship, and fundamental rights: The position of the defendant
10 - What role for crime victims in the forum choice?
11 - Choice of forum and case allocation in the EPPO Regulation

Part I - Instrument of the European Law Institute is edited by the European Law Institute Part II - Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law (articles edited by Katalin Ligeti and Gavin Robinson, University of Luxembourg)