To prevent and support the settling of conflicts of jurisdiction that could result in an infringement of the principle of ne bis in idem, and to ensure that the most effective practices with regard to criminal proceedings are in place in the European Union (EU), in 2003 Eurojust published the Guidelines for deciding ‘Which jurisdiction should prosecute?’.
The Guidelines suggest factors to be taken into consideration in multi-jurisdictional cases. Since their adoption, they have been of assistance to the competent national authorities for determining which jurisdiction is best placed to prosecute in cross-border cases.
The Guidelines also assist Eurojust, which may advise the competent national authorities on this matter. In addition, since their publication, the Guidelines have been used by some Member States as a reference point when developing their own legislation or guidelines on this matter.
Taking into account the developments in the EU Area of Freedom, Security and Justice, the operational experience acquired by Eurojust over more than a decade and the needs of the practitioners as expressed on a number of occasions, Eurojust is hereby issuing a revised version of its Guidelines.