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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU (Hardcover, 1st ed. 2022)
Loot Price: R4,116
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Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU (Hardcover, 1st ed. 2022)
Series: Comparative, European and International Criminal Justice, 3
Expected to ship within 10 - 15 working days
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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. This book analyses the
current EU legal framework on conflicts of jurisdiction and
transfer of criminal proceedings, paying special attention to its
numerous shortcomings and loopholes from a fundamental rights and
due process of law perspective. The book begins with an assessment
of the various principles and grounds used by Member States for
claiming criminal jurisdiction. Secondly, de lege lata EU procedure
on the settlement of conflicts of criminal jurisdiction, as well as
its implementation in Spain and Italy, are thoroughly examined.
After discussing the main principles and fundamental rights at
stake, the author proposes two alternative and original de lege
ferenda models for the prevention and settlement of conflicts of
criminal jurisdiction and transfer of criminal proceedings,
exploring the different possibilities offered by the EU's primary
law.
General
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