“More efficient transfer of criminal cases within EU countries makes Europe safer”

The European Parliament and the Council approve new rules on the transfer of criminal proceedings between the Member States. MEP Assita Kanko negotiated on behalf of the European Parliament with almost unanimous support. “When a criminal case is transferred from one Member State to another, numerous chaotic rules that are different in each Member State are encountered. Now we are harmonising these rules and procedures. An efficient justice system can only lead to greater security,” says Kanko.

Simplification

The new framework allows the Member States to transfer criminal proceedings to each other more easily. Such a transfer has so far been very complex and involves many practical problems and a chaos of bilateral agreements and unclear conditions. At the root of this complexity is a fragmented European legal framework. That will change soon.

Cross-border crime

Kanko: “We worked very hard on this and searched for the best solutions constructively across party lines. Everyone realises how important this is. These new rules provide harmonisation and thus better criminal prosecution to effectively combat cross-border crime - such as terrorism, human trafficking, cybercrime, money laundering and drug and arms trafficking. Criminals are increasingly part of organised gangs operating on the territory of various Member States. That is why the transfer of criminal proceedings must take place more seamlessly. Efficiency and legal certainty are key to this.”

No unnecessarily prolonged procedures

The new set of rules takes into account the privacy of all parties involved, determines who must provide or receive what information, who can make the request and who ultimately decides, among other things. In this way, the transfer occurs in the best circumstances and at the best time so that procedures are not unnecessarily prolonged and hamper the judicial investigation.

Harmonisation was needed

According to Kanko, harmonisation of the legislation was urgently needed: “The core of a well-functioning rule of law is an efficient judicial system with clear rules. It is in everyone’s interest that crimes are tried by the Member State best placed to do so and that the ne bis in idem principle is respected. Harmonisation was urgently needed, especially because cross-border crime unfortunately continues to increase. Drug gangs and other serious criminals are making our cities unsafe.”