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Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

  • 作者:
  • 出版商: Springer International
  • ISBN: 9783031156908
  • 出版时间 November 2022
  • 规格: Hardback
  • 适应领域: Switzerland ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9783031156939
¥1,499.30
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date.

  • Chapter 1. Conflicts of criminal jurisdiction in the European Union
    Conflict of criminal jurisdiction: scope of application
    Grounds for claiming jurisdiction
    Chapter 2. Legal Framework on Conflicts of Criminal Jurisdiction
    Treaties and Primary Law
    Framework Decision 2009/948/JHA
    The role of eurojust in the settlement of conflicts of jurisdiction
    Transposition into national law: the Spanish Example
    Transfer of criminal Proceedings
    Chapter 3. Conflicts of criminal jurisdiction and due process of law:
    The ne bis in idem Principle
    Right to be tried by a tribunal previously estblished by law
    Principle of legality
    Rights and safeguards of the suspected or accused
    Allocation of jurisdiction and the victims interest
    Negative effects on the effective prosecution of crimes
    Chapter 4. Towards a new model of Settlement of Conflicts:
    Background and Methodology
    Rationale
    External Background: The Council of Europe Proposal
    EPPo as an (imperfect) example of a vertical mechanism
    Model Proposals: academia background and different approaches
    Chapter 5. De Lege Ferenda Model Proposals on Prevention and Settlement of Conflicts of Criminal Jurisdiction:
    Horizontal Model
    Horizontal model proposal: general aspects
    Substitution of framework decision 2009/948/JAI
    Regulation on transfer of criminal proceedings
    The Role of eurojust
    Judicial control
    Chapter 6. De Lege Ferenda Model Proposals on Prevention and Settlement of Conflicts of Criminal Jurisdiction:
    Vertical Model
    Vertical model proposal: general aspects
    Substitution of framework decision 2009/948/JAI
    Regulation On transfer of proceedings
    El papel de Eurojust
    Judicial control

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