Jurisdiction and Applicable Law in the EU Directive on Transfer of Proceedings in Criminal Matters

Abstract

The EU Directive on Transfer of proceedings in criminal matters will complete the range of modes of cooperation between the States of the European Union. Transfer of proceedings comes within the scope of mutual trust and recognition in the EU. It has the virtue not only of speeding up criminal procedures but also of achieving better social rehabilitation of the convicted person.

This contribution sets a background for the understanding of the Directive and provides comments on competence and applicable law, the two most controversial aspects of the transfer of proceedings under the Directive.