Konflikty jurysdykcyjne w sprawach karnych: propozycja rozwiązania w Unii Europejskiej

• Authors: Michał Płachta

Title variants

EN

JURISDICTION-RELATED CONFLICTS IN CRIMINAL MATTERS: PROPOSAL FOR A SOLUTION IN THE EUROPEAN UNION

• Languages of publication: PL

Abstracts

EN

The main problem discussed in the article is the Framework Decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings, adopted by the Council of the European Union – Justice and Home Affairs on 1 December 2009. The measures provided for in this instrument aim at preventing situations where the same person is subject to parallel criminal proceedings in different EU Member States in respect of the same facts, which might lead to judgements being rendered in such proceedings in two or more countries. It therefore seeks to prevent an infringement of the "ne bis in idem" principle. The background for the analysis of provisions of the FD includes the origin and consequences (legal, political, practical, etc.) of conflicts of jurisdiction in criminal cases. The author argues that the FD should be regarded as one further step leading to establishing mutual recognition within the European Union. Member States are required to consider legislation on conflicts of jurisdiction, with a view to increase efficiency of prosecutions while guaranteeing proper administration of justice, so as to complete the comprehensive programme of measures to implement the principle of mutual recognition of judicial decisions in criminal matters. Certainly, measures provided in this FD require some degree of trust and confidence among investigative and prosecuting authorities of Member States.

Keywords

EN

LEGISLATION ON CONFLICTS OF JURISDICTION; FRAMEWORK DECISION ON PREVENTION AND SETTLEMENT OF CONFLICTS OF JURISDICTION; PARALLEL CRIMINAL PROCEEDINGS IN EU MEMBER STATES

• Publisher: Centre for Europe, University of Warsaw
• Journal: Studia Europejskie-Studies in European Affairs
• Year: 2010
• Issue: 2
• Pages: 135-154

Contributors

author

Michał Płachta

• Elbląska Uczelnia Humanistyczno-Ekonomiczna, ul. Lotnicza 2, 82-300 Elbląg, Poland