Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument
Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument
Cite
Abstract
This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fully-formed models for legislative action, coupled with extensive analysis of related themes.
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Front Matter
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1Part I Instrument of the European Law Institute: Draft Legislative Proposals for the Prevention and Resolution of Conflicts of Jurisdiction in Criminal Matters in the European Union
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77Part II Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law
Frank Meyer-
861
Report on The Field Research at Eurojust, February 2015
Angelo Marletta
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1002
The legal basis for preventing and resolving conflicts of criminal jurisdiction in the TFEU
Martin Wasmeier
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1193
Prevention And Settlement Of Conflicts Of Jurisdiction (Spanish System)
Miguel Carmona Ruano
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1404
Forum Choice in the Area of Freedom, Security, and Justice
Angelo Marletta
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1605
Fundamental Rights Protection between Strasbourg and Luxembourg: Extending Transnational ne bis in idem Across Administrative and Criminal Procedures
Katalin Ligeti
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1826
Choice of forum and cybercrime
Gavin Robinson
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2047
Conflicts of jurisdiction in criminal law Lessons from European Civil Procedure
Pietro Ortolani
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2328
Mutual recognition, choice of forum, and lis pendens A Civil Law Threesome Transposed
Aukje van Hoek
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2519
Choice of forum, european citizenship, and fundamental rights: The Position of the Defendant
Luchtman Michiel
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28310
What role for crime victims in the forum choice?
Simonato Michele
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30511
Choice of forum and case allocation in the EPPO Regulation
Herrnfeld Hans-Holger
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861
Report on The Field Research at Eurojust, February 2015
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End Matter
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