Draft:Transfer of Criminal Proceedings in the European Union
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The transfer of criminal proceedings is a judicial cooperation mechanism where one European Union (EU) Member State transfers a criminal case to another Member State that is better positioned to handle it.[1] The primary goal is to ensure the efficient and proper administration of justice by consolidating a case in the most appropriate jurisdiction.[1][2] This helps prevent parallel proceedings for the same offence (ne bis in idem), avoids impunity when suspects cannot be surrendered, and strengthens the fight against transnational crime.
For years, this process was governed by a fragmented legal landscape. This has been reformed by Regulation (EU) 2024/3011, which creates a single, harmonised legal framework for the Member States. The Regulation will apply from 1 February 2027 and marks a significant step in integrating the EU's criminal justice systems.
Legal Framework
[edit]The legal basis for transferring criminal proceedings has evolved from a complex patchwork of international conventions and national laws to a single, unified EU instrument, reflecting a deeper integration of the EU's justice area.
Before Regulation (EU) 2024/3011
[edit]There was no specific EU-wide instrument for transferring proceedings, leading to an inefficient patchwork of legal basis.[3] Member States relied on various sources, including the 1972 European Convention on the Transfer of Proceedings in Criminal Matters and the 1959 European Convention on Mutual Assistance in Criminal Matters, bilateral agreements, and national laws.[3] This fragmentation created significant practical problems such as legal uncertainty, because authorities were often unsure which legal basis to apply or which was the foreign competent authority; divergent national rules about procedures with different conditions for transfer and legal effects; inconsistent regulation of suspects and victims procedural rights; and unpredictability of the process because of a wide range of discretion from requested states.[3]
Under the Regulation (EU) 2024/3011
[edit]Applying from 1 February 2027, Regulation (EU) 2024/3011 was created to remedy the shortcomings of the old system by establishing a single, legally binding set of rules.[1] It replaces older conventions for transfers between Member States, creating a coherent legal space within the EU framework. The Regulation aims to ensure the best-placed Member State to prosecute a case, prevent conflicts of jurisdiction, avoid impunity, and streamline the fight against organised crime.[2][4]
Some of the key innovations are a unified legal framework and a structured and predictable procedure with strict deadlines (article 13) and taxative grounds for refusal, limiting them to a closed list of mandatory and discretionary grounds (article 12).
Also, major advancements were made in harmonising procedural rights for suspects and victims (articles 6 and 7), including the right to a legal remedy in article 17.
Finally, clear regulation of the effects of a transfer are recognized in articles 21 and 22, establishing that the requesting state must suspend or discontinue it's internal proceedings upon acceptance of a transfer. It also establishes that the evidence gathered in the requesting state cannot be denied admission in the requested state solely on the grounds that it was gathered in another member state. [1][2][5]
References
[edit]- ^ a b c d "Eurojust Report on the transfer of proceedings in the European Union | Eurojust | European Union Agency for Criminal Justice Cooperation". www.eurojust.europa.eu (in Spanish). Retrieved 2025-09-21.
- ^ a b c "Transfer of proceedings in criminal matters | EUR-Lex". eur-lex.europa.eu. 2027-02-01. Retrieved 2025-09-21.
{{cite web}}: Check date values in:|date=(help) - ^ a b c "Transfer of Criminal Proceedings | Erasmus School of Law | Erasmus University Rotterdam". www.eur.nl (in Dutch). Retrieved 2025-09-21.
- ^ "Regulation (EU) 2024/3011 of the European Parliament and of the Council of 27 November 2024 on the transfer of proceedings in criminal matters".
- ^ "Regulation on the Transfer of Criminal Proceedings Published". eucrim.eu. Retrieved 2025-09-21.