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A transfer of criminal proceedings may take place between a
judicial authority from one Member State and a judicial authority
in another Member State when it is in the interest of a proper
administration of justice that a criminal offence is further
investigated and prosecuted in the second Member State. There was a
general feeling among experts on judicial cooperation in the Member
States that the current practice of transferring criminal
proceedings could and should be improved. Researchers from the
Erasmus University Rotterdam, together with the Amsterdam Public
Prosecution Office, Bielefeld University and the Belgian Federal
Prosecution Office took the initiative to start a a research
project on the Transfer of criminal proceedings in the EU (TROP).
The project was funded by the European Commission. This report
contains the conclusions of the TROP research project. It outlines
the current practice of transferring criminal proceedings in the
EU, it identifies the main challenges experienced by practitioners
and describes possible solutions to those challenges. These
solutions were tested in multiple discussions between
practitioners, academics and policy makers. During the TROP
research project, it became clear that the European Commission
would propose a new legislative instrument on the transfer of
criminal proceedings in the near future. In the report, we tried to
anticipate the content of such a proposal and the discussion in the
Council and in the European Parliament. To this end, we have
formulated our proposals for improving the transfer of proceedings
as building blocks for a possible EU-legal instrument.
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