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Double Prosecution and Conflicts of Jurisdiction in Cross-border Criminal Proceedings

  • A practical training to the legal framework, case-law, and institutional support of the EU

, 12 May 2016 – 13 May 2016
Language:

Event number:
316D63

Area of law:

Objective

This seminar will explain the concept of ne bis in idem in criminal proceedings as currently defined by the EU and discuss its practical consequences for criminal law practitioners. Furthermore, the status quo regarding conflicts of jurisdiction in cross-border cases is presented and the practical consequences discussed.

Key issues

Same act, enforced penalty, composed penalties, judicial decisions
  • Defining the principle of ne bis in idem under Art. 54 of the Schengen Convention and Art. 50 of the Charter of Fundamental Rights of the EU
  • The recent case law of the Court of Justice of the EU: Spasic (C129/14 PPU); M. (C-398-12); etc.
  • Ne bis in idem and prosecutorial independence
Conflicts of jurisdiction
  • Identifying parallel investigations in the EU
  • Positive and negative conflicts of jurisdiction
  • Pros and cons of the EU’s legal framework for conflicts of jurisdiction
  • Special regulations for extradition, the European Arrest Warrant, and the European Investigation Order
  • Transfer of criminal proceedings
  • The need for an initiative from the EU legislator

Who should attend?

Public prosecutors, judges, defence lawyers, law enforcement officials, civil servants and academics.



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DOCUMENTS


Programme

DOCUMENTS


Background Documentation
Documentation is available here for logged in participants at this event.

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Conference Organisers

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Accommodation
Overnight accommodation in Trier

There are special rates for ERA participants at three excellent hotels in Trier.

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