Eurojust has significant experience in preventing and settling conflicts of jurisdiction. The Agency is uniquely placed to detect linked and parallel proceedings, and advise the judicial authorities from involved Member States on making a shared decision on which State is best placed to prosecute, based on Eurojust’s Guidelines on Jurisdiction.

In 2022, the Agency continued to advise national authorities on which State is best placed to prosecute a case, how to prevent ne bis in idem issues, and how to overcome issues related to transfers of proceedings.

Eurojust Report on the Transfer of Proceedings in the EU

In January 2023, the Agency published the Eurojust Report on the Transfer of Proceedings in the EU. The aim of this report is to inform practitioners and policymakers of the main challenges encountered in Eurojust casework on transfer of proceedings, as well as solutions and best practices identified, including Eurojust’s involvement in overcoming such issues.

Transfers of proceedings serve the interests of justice, as they help resolve issues related to concurrent jurisdictions by several Member States in relation to the same offences, while also respecting the fundamental rights of the accused.

Despite its crucial function, there is currently no specific EU instrument regulating the transfer of proceedings. Multiple legal bases apply across the Member States involving different procedures and conditions, which leads to various challenges.

Given its crucial role in assisting national authorities in preventing and solving conflicts of jurisdiction between Member States, Eurojust has gained extensive experience in facilitating transfers of proceedings across a wide range of case types. Based on this experience, the report also offers final recommendations and conclusions for practitioners and for the EU legislator.

Eurojust’s participation in a research project on transfer of proceedings

During 2022, Eurojust participated in an EU-funded research project on transfer of criminal proceedings in the European Union, led by the University of Rotterdam. The Agency provided input via an interview and contributions to two conferences. In October 2022, a report containing the conclusions of the project was published. It outlines the current practice of transferring criminal proceedings in the European Union, and identifies the main challenges experienced by practitioners. Moreover, the report describes possible solutions to those challenges, all of which have been tested in multiple discussions between practitioners, academics and policymakers.

Legislative proposal for a new EU legal instrument on transfer of proceedings

In 2022, the Commission started working on a legislative proposal for a new EU legal instrument on transfer of proceedings, to be published in 2023. The Agency was consulted by the Commission, and Eurojust’s College provided replies to a targeted questionnaire on transfer of proceedings. In February 2022, the Agency participated in the Commission’s follow-up experts’ meeting on transfer of proceedings, where it shared its experience in the field. The gathered input will feed into the legislative proposal.

Swift transfer of proceedings following Eurojust recommendation on which State is best placed to prosecute

Crime: Two suspects are arrested by the French authorities when found transporting large quantities of cocaine on board a yacht, navigating under the flag of Spain, and are charged with drug trafficking and participation in an organised crime group.

Judicial issue: The two suspects are also under investigation in Spain for being part of a bigger criminal group involved in drug trafficking, and two EAWs are issued against them towards France. There is therefore a conflict of jurisdiction.

Eurojust's role: Two coordination meetings are held at Eurojust to clarify whether there was an overlap between the facts under investigation in the two countries and to find a solution to this conflict of jurisdiction, since initially no agreement can be found among the authorities.

The National Members involved issue a joint request to their national authorities, suggesting that Spain transfer its proceedings against the two suspects to France, as it is best placed to prosecute them.

The prosecutor in charge of the case in Spain follows Eurojust’s advice and requests the competent court authorisation for the transfer of proceedings, also submitting to its attention the Eurojust joint request. The court, relying also on the arguments put forward in Eurojust’s request, approves the transfer of proceedings, which are successfully completed with the acceptance of France in less than two months. The two EAWs issued by Spain are also accordingly withdrawn.