Regulation (EU) 2024/3011 on the transfer of proceedings in criminal matters

What it is

to lay down rules on the transfer of criminal proceedings between the Member States. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Member States currently transfer criminal proceedings between themselves using a variety of legal instruments, with no uniform legal framework across the EU. The most comprehensive international legal framework on the transfer of criminal proceedings - the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972 - has only been ratified and applied by 13 Member States. The majority of the Member States therefore rely on Article 21 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, under which transfer is largely unregulated and relies on national laws. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Assita KANKO (ECR, BE) on the proposal for a regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: This Regulation should apply in all cases of transfer of criminal proceedings that are being conducted in Member States of the Union. The definition of ‘victim’ is extended to legal persons who have suffered harm or economic loss as a direct result of a criminal offence that is the object of criminal proceedings. A request for transfer of criminal proceedings may only be issued where the requesting authority deems that the objective of an efficient and proper administration of justice would be better served by conducting the relevant criminal proceedings in another Member State and that it is proportionate to do so. The requesting authority should take into account in particular the following criteria: - the victim or victims are nationals of or residents in the requested State; - the consultations of Member States’ competent authorities under Framework Decision 2009/958/JHA have resulted in an agreement on the concentration of the parallel proceedings in one Member State; - whether the transfer of proceedings would contribute to the achievement of restorative justice objectives. If the requesting authority decides to transfer the criminal proceedings following a request made by suspects or accused persons or victims, the decision on the request for transfer should be taken by the competent authorities of the requested State. A negative opinion of the suspect or accused person or of the victim with regards to the transfer of criminal proceedings should not prevent such transfer if the requested authority decides to accept the transfer. Members clarified the interests of victims and the rights they are given in the process of transfer of proceedings by entitling already one victim and not only ‘majority of victims’ to suggest the transfer of a criminal proceeding. Provided that it would not…

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