The proposed Framework Decision on conflict of jurisdiction in criminal proceedings: Manipulating the right to a fair trial?

Abstract:

The Czech Presidency of the Council of the EU has proposed a ‘Framework Decision’ that would address the issue of conflicts of jurisdiction in criminal proceedings – ie cases where more than one Member State has jurisdiction to prosecute a particular person in respect of the same facts. The proposal has been discussed and partly agreed at the Feb. 2009 JHA Council, and there is a draft report on the proposal under discussion in the European Parliament (EP), which must be consulted on the proposal. But many aspects of the proposal have not yet been agreed.

This proposal is linked closely with the principle of ‘double jeopardy’, also known as ne bis in idem, which prevents a person being prosecuted twice for the same facts. The double jeopardy principle is a long-established protection for criminal suspects in national constitutions and international human rights law. In fact, the EU already has a double jeopardy rule for cross-border situations, which has been the subject of ten judgments before the Court of Justice already.