Eurojust has considerable experience in preventing and resolving conflicts of jurisdiction and facilitating transfers of criminal proceedings from one country to another. The Agency is uniquely placed to detect linked and parallel proceedings and advise the judicial authorities of the Member States involved on how to reach a shared decision on which State is best placed to prosecute, based on Eurojust’s Guidelines on jurisdiction.
In 2024, the Agency continued to advise national authorities on which State is best placed to prosecute a case, how to overcome issues related to transfers of proceedings and how to prevent ne bis in idem issues.
A new Regulation on the transfer of proceedings in criminal matters was published in November 2024. It incorporates many of the recommendations from the Eurojust Report on the transfer of proceedings in the European Union. The Regulation introduces uniform procedures for the transfer of proceedings between Member States, starting from 1 February 2027 and will be instrumental in Eurojust’s future casework. The Regulation states that national authorities may, at any stage of the procedure, request the assistance of Eurojust or the European Judicial Network. Moreover, the Agency, in particular, may facilitate consultations between the relevant countries.
Eurojust is an agency of the European Union