Activities of Monica MACOVEI related to 2009/0802(CNS)
Plenary speeches (1)
Prevention and settlement of conflicts of jurisdiction in criminal proceedings (debate)
Shadow reports (1)
REPORT Report on the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for adoption of a Council framework decision 2009/.../JHA on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings PDF (216 KB) DOC (274 KB)
Amendments (7)
Amendment 23 #
Recital 9
(9) When striving to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings being conducted in two or more Member States, the competent authorities should take into account that each case is specific and give consideration to all its facts and merits. In order to reach consensus, the competent authorities should consider relevant criteria, which may include those set out in the Guidelines which were published in the Eurojust Annual Report 2003 and which were drawn up for the needs of practitioners, and take into account for example the place where the major part of the criminality occurred, the place where the majority of the loss was sustained, the location of the suspected or accused person and possibilities for securing its surrender or extradition to other jurisdictions, the nationality or residence of the suspected or accused person, significant interests of the suspected or accused person, significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur.
Amendment 24 #
Recital 14
(14) As Eurojust is particularly well suited to provide assistance in resolving conflicts of jurisdiction, the referral of a case to Eurojust should be a usual step,occur when it has not been possible to reach consensus. It should be noted that in accordance with Article 13(7)(a) of Council Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against organised crime (the "Eurojust Decision"), as modified, most recently by Council Decision 2009/…426/JHA of …16 December 2008 on the strengthening of Eurojust, Eurojust has to be informed of any case where conflicts of jurisdiction have arisen or are likely to arise and that a case can be referred to Eurojust at any moment if at least one competent authority involved in the direct consultations deems it appropriate.
Amendment 25 #
Article 6 - paragraph 1
1. The contacted authority shall reply to a request submitted in accordance with Article 5(1) within any reasonable deadline indicated by the contacting authority, or, if no deadline has been indicated, without undue delin 30 days, and inform the contacting authority whether parallel proceedings are taking place in its Member State. In cases where the contacting authority has informed the contacted authority that the suspected or accused person is held in provisional detention or custody, the latter authority shall treat the request as a matter of urgency.
Amendment 27 #
Article 11
When the competent authorities of Member States enter into direct consultations on a case in order to reach consensus in accordance with Article 10, they shall consider the facts and merits of the case and all the factors and criteria which they consider to be relevant, which may include those set out in the Guidelines published in the Eurojust Annual Report 2003 which were drawn up to meet the needs of practitioners, and take into account for example the place where the major part of the crime was committed, the place where the major part of the loss was sustained, the location of the suspected or accused person and the possibilities for securing his or her surrender or extradition to another jurisdiction, the nationality or residence of the suspected or accused person, any significant interests of the suspected or accused person, any significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur.
Amendment 28 #
Article 11 a (new)
Article 11a Notification When at least one of the cases – in which a conflict of jurisdiction appears to exist – is at the trial stage, the person concerned shall be notified immediately.
Amendment 29 #
Article 12 - paragraph 2
2. Where it has not been possible to reach consensus in accordance with Article 10, the matter shall, where appropriate, be referred to Eurojust by any competent authority of the Member States involved, if Eurojust is competent to act under Article 4(1) of the Eurojust Decision. In that case, Eurojust shall act in accordance with Article 7(2) of the Eurojust Decision.
Amendment 30 #
Article 15 a (new)
Article 15a Inclusion in annual report The cases referred to Eurojust on which consensus has not been reached among Member States shall be included in the annual report of Eurojust.