Strasbourg, 24 April 2024
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Currently, arrangements for transferring procedures between EU states are inconsistent
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Coherent rules important to avoid impunity, combat organised crime
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Rules for establishing jurisdiction, including where a European Arrest Warrant has been refused
The European Parliament has adopted new and clearer EU rules for the transfer of criminal proceedings in cross-border cases.
To replace the current, varied measures for transferring criminal procedures between EU member states, the Parliament adopted a new legal framework for such cases with 604 votes in favour, 2 against and 6 abstentions. The law speeds up investigations, particularly into serious organised crime, which often crosses borders, and makes the administration of justice more efficient.
The new law will also reduce the amount of parallel proceedings in several countries and ensure that no one is convicted of the same offense twice. It will also establish that the requested state has jurisdiction to prosecute the crimes in question, when they are best placed to do so. Jurisdiction can thus be established in cases where the requested state has refused a European Arrest Warrant, ensuring that no crime goes unpunished.
Clear rules on jurisdiction, procedures and the rights of suspects and victims
The law allows judges, courts of other authorities in one member state (“the requesting authority”) to request a transfer to their counterpart in another member state (“the requested authority”) in certain cases, for example when the crime was committed in the target country, committed by residents or nationals of that country, the evidence is mainly found in that country, or damages have mainly occurred there. Suspects, accused persons and victims can also propose that an authority start the transfer of a procedure. Requests will be made with a standardised request form.
Transferring proceedings to another country, for example one where a suspect or victim is a resident, can support the gathering of evidence and ensure that suspects and witnesses can be heard in trials. The requested authority can refuse a request in certain cases, including when the act in question is not a criminal offence in the requested state. When taking a decision, they need to consider the rights of victims, including restorative justice considerations.
The law also includes safeguards for the rights of suspects and accused persons, including the right to be informed of the transfer beforehand in a language they understand and voice their opinion. Also, they have the right to legal remedies against transfer decisions. Similarly, the victims have a right to be informed of a transfer and can voice their opinion, which will also be taken into account when considering the transfer decision. According to the law, suspects, accused persons and victims must also have access to effective legal remedies with a suspensive effect.
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After the vote, rapporteur Assita Kanko (ECR, Belgium) said: “Better justice builds safer countries and safer homes for our citizens. This legislation is a crucial step towards better judicial cooperation and faster law enforcement. This is particularly important when investigating cross-border organised crime such as terrorism, human, drugs and firearm trafficking, migrant smuggling, cybercrime or money laundering. We are now ensuring that justice in EU countries works better and faster and that our citizens are protected and respected.”
Next steps
The law still needs to be formally adopted by the Council before it can enter into law. It will enter into force twenty days after its publication in the EU’s Official Journal, and be applied two years later.