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Book proposes new EU legislation on conflicts of criminal jurisdiction

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Publié le mardi 22 janvier 2019

A major comparative study on the prevention and settlement of conflicts of criminal jurisdiction in the EU has come to a close with the publication of a new book, co-edited by the Faculty of Law, Economics and Finance’s Dean, Prof. Katalin Ligeti.

Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law” follows on from an international conference hosted by the University of Luxembourg and the European Law Institute in May 2018. Uni.lu and ELI had also partnered on the associated research project, funded by the Luxembourg National Research Fund. The project’s aim was to explore options for a regulatory mechanism that could allow the coherent prevention and settlement of conflicts of jurisdiction in criminal law within the EU. Currently, there is no such binding instrument, although this is essential for the effective functioning of a European criminal justice area based on mutual recognition.

Taking as its point of departure a comparison with existing mechanisms for preventing and resolving conflicts of jurisdiction in civil procedure, the project drew on invaluable insight from practitioners (i.e. Eurojust, prosecution services and defence lawyers), policy-makers and leading academics in order to develop three fully-formed models for EU legislation and an accompanying academic volume.

The publication thus presents the three draft legislative proposals aimed at informing and advancing the policy debate at EU level: a horizontal mechanism, a vertical mechanism, and an allocation model. The volume also features extensive analysis of related themes, including EU citizenship and fundamental rights, ne bis in idem in the context of criminal and administrative proceedings, and the forthcoming European Public Prosecutor’s Office.

The book, published by Oxford University Press, features contributions by 13 authors from a number of European universities and institutions. It was co-edited by Prof. Katalin Ligeti, Uni.lu postdoctoral researcher Gavin Robinson, and the European Law Institute.