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