On Wednesday 5 April, the European Commission adopted a proposal for a Regulation on the transfer of criminal proceedings between Member States. This text responds to a desire for simplification in order to effectively combat cross-border crime.
And for good reason, according to the Commission, the increase in cross-border crime has led to an increase in the number of cases involving the jurisdiction of several Member States.
However, the multiplication of prosecutions and the implementation of parallel procedures can lead to inefficiency. Furthermore, this is detrimental to the rights of the individuals concerned: a person cannot be prosecuted and punished twice for the same offence.
The primary aim of this proposal is thus to prevent the risk of duplication or, a contrario, to avoid cases of impunity when surrender under a European arrest warrant is refused. In addition, it will help to ensure that criminal proceedings are conducted in the best placed Member State, for example the one where the bulk of the offence was committed.
The common rules will be structured around five main measures.
Harmonisation of the legal framework and establishment of a deadline. Thus, the standardisation of the legal framework, both of the criteria for the transfer of procedures and of the grounds for refusal, via a list, will allow the same rules to be applied throughout the EU for greater legal certainty and clarity.
In addition, a time limit for the decision on the transfer of proceedings will be introduced.
Protection of fundamental rights. To ensure strong protection of fundamental rights, obligations will be established. Both the prosecuted person and the victim will benefit from these guarantees and will have the right to judicial review of a decision to accept the transfer of criminal proceedings.
The preferred digital channel. Finally, rules will be introduced on the use of the digital cross-border channel as the default mode of communication between competent authorities.
An expected legislative proposal. The proposal is part of the EU’s 2021-2025 strategy to combat organised crime and is a result of the Hague Programme for strengthening freedom, security and justice in the European Union and the programme of measures to implement the principle of mutual recognition of decisions in criminal matters as well as calls for action by the EU Council and the European Parliament.
In January 2023, Eurojust (the EU Agency for Criminal Justice Cooperation) also published a report on the transfer of proceedings in the EU, which highlights that the current fragmented legal framework leads to legal difficulties and obstacles in proceedings.
The proposed Regulation will now have to be discussed and approved by the European Parliament and the EU Council before it enters into force.
To read the proposal: https://aeur.eu/f/686 (Original version in French by Nithya Paquiry)