Eurojust today publishes its first report specifically focused on the transfer of proceedings, an important form of judicial cooperation that supports efforts to tackle issues related to concurrent jurisdictions. The report is based on responses provided by Eurojust National Desks, the analysis of cases occurring between 2019 and 2021, and findings from previous reports.
The transfer of proceedings serves the interests of the effectiveness of justice, as it helps resolve issues related to concurrent jurisdictions by several Member States in relation to the same offences, while also respecting the fundamental right of the accused not to be punished twice in different countries (ne bis in idem).
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.
The aim of the report is to present the main challenges encountered in Eurojust casework in relation to the transfer of proceedings and the best practices identified to overcome them. The report also outlines the major differences between national legislations concerning procedures and requirements for transferring proceedings to another Member State.
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, especially in relation to the desirability of a new EU legal instrument on the transfer of proceedings.