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Conflicts of jurisdiction and judicial cooperation instruments: Eurojust’s role

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Abstract

In European Union law, there is no set of common rules regarding jurisdiction in criminal matters. This absence could give rise to differences between European judges in cross-borders cases, especially in an enlarged area of common criminal law. The establishment of rules on criminal jurisdiction must take into account both the need for efficiency in prosecution and the need for respect for defendants’ rights. Eurojust, which is already playing a role in the prevention of conflict between these two considerations, should be aligned with the provisions of Article 85 TFEU. The adoption of the new Directive on crimes against EU’s financial interests and the proposal for the institution of the European Public Prosecutor’s Office could provide the appropriate occasion for a new approach.

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Notes

  1. https://sites.google.com/site/eucrimpol/manifest/manifesto.

  2. SEC(2005) 1767.

  3. Eurojust: Annual Report 2011. Available at: http://eurojust.europa.eu/doclibrary/corporate/eurojust%20Annual%20Reports/Annual%20Report%202011/Annual-Report-2011-EN.pdf.

  4. Eurojust and the Lisbon Treaty: Towards more effective action Conclusions of the strategic seminar organised by Eurojust and the Belgian Presidency (Bruges, 20–22 September), available at http://register.consilium.europa.eu/pdf/en/10/st17/st17625.en10.pdf.

  5. From the Final Report of the Seminar available at: http://eurojust.europa.eu/doclibrary/Eurojust-framework/Pages/strategic-meetings.aspx.

  6. COM (2012) 0363 Proposal for a Directive of the European Parliament and the Council on the fight against fraud to the Union’s financial interests by means of criminal law.

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Authors and Affiliations

  1. Deputy Prosecutor General at the Italian Supreme Court, Rome, Italy

    Ignazio Patrone

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  1. Ignazio Patrone
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Correspondence to Ignazio Patrone.

Additional information

I wish to thank my distinguished Colleague Piero Gaeta, of the Prosecutor General’s Office at the Italian Supreme Court. He granted me the privilege of allowing me to read his paper “EU Tools for the Prevention and Settlement of Conflicts of Jurisdiction in Criminal Proceedings” in advance of its publication in Stefano Ruggeri (Editor), Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings (Springer, Berlin-Heidelberg, 2013). Some of the contents of this article have been discussed with him, but responsibility for any mistakes or inconsistencies remains mine alone.

This article is based on a presentation given at the conference 10 Years of Eurojust—Operational Achievements and Future Challenges, jointly organised by Eurojust and ERA on 12–13 November 2012 in The Hague.

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Patrone, I. Conflicts of jurisdiction and judicial cooperation instruments: Eurojust’s role. ERA Forum 14, 215–225 (2013). https://doi.org/10.1007/s12027-013-0299-7

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