Skip to content
REPORT (COM(2023)0185 – C90128/2023 – 2023/0093(COD))

On the proposal for a regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters

A-9-2024-0008

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Assita Kanko

Official HTML ↗ PDF DOCX
✦ In shortFull textProcedure & committee votes
✦ In short · AI summary of this text, generated 26 Sept 2026

Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a regulation on the transfer of proceedings in criminal matters sets common rules for moving criminal proceedings between member states. It widens the scope to all transfers conducted in member states, extends the definition of victim to legal persons, and lets a single victim, not only a majority, justify a transfer. It requires authorities to weigh necessity, appropriateness and proportionality, makes pre-request consultations mandatory, and sets deadlines for opinions and remedies. It creates new articles on informing suspects, accused persons and victims, and on the right to an effective legal remedy in the requested state. It renames the certificate a request form, requires acknowledgement of receipt, and routes communication through the decentralised IT system of Regulation (EU) 2023/2844.

Committee position. The rapporteur proposes several changes to the Commission proposal to improve legal certainty, effectiveness and efficiency, including a clearer scope, an extended victim definition, mandatory consultations, deadlines, and new provisions on information and remedies.

Key points

  1. The regulation applies to all cases of transfer of criminal proceedings being conducted in member states of the Union.
  2. 'Victim' also covers a legal person that has suffered harm or economic loss as a direct result of the offence.
  3. A request may be issued only where the requesting authority deems it better serves efficient and proper administration of justice and is proportionate.
  4. A single victim or victims who are nationals of or residents in the requested state, and restorative justice objectives, can justify a transfer.
  5. The suspect, accused person, victim or their lawyer may ask the requesting authority to transfer proceedings; such a request creates no obligation.
  6. Suspects and accused persons must be informed of the intended transfer and may state an opinion within ten days, which the authority must take into account and register.
  7. Victims residing in the requesting state who receive information under Directive 2012/29/EU must be informed of the intended transfer and may state an opinion.
  8. The old Article 8 is deleted and replaced by a new Article 15c giving suspects, accused persons and victims effective legal remedies in the requested state.
  9. The request form must be signed and certified accurate, translated, and acknowledged as soon as possible by the requested authority.
  10. Consultations between authorities before a request are mandatory, and requests for consultations must be answered without undue delay.
  11. New Articles 15a and 15b require the requested authority to inform suspects, accused persons and victims about acceptance or refusal of the transfer.
  12. Communication, including the request form, must go through the decentralised IT system under Regulation (EU) 2023/2844.

Who is affected

  • Suspects and accused persons: must be informed of intended and accepted transfers and can seek a legal remedy.
  • Victims: can request a transfer, must be informed, and can seek a legal remedy in the requested state.
  • Requesting and requested authorities: must consult, use the request form, and meet information and deadline duties.
  • Member states: bear their own transfer costs and must ensure effective remedies and evidence admissibility rules.

Figures and deadlines

  • Ten days: time for the suspect or accused person to state an opinion after being informed.
  • 60 days: time for the court to decide on a legal remedy where possible.
  • 14 days: maximum time limit for seeking an effective legal remedy.

Legal basis: Article 294(2) and Article 82(1), points (b) and (d) of the Treaty on the Functioning of the European Union.