Sittings · Document

DRAFT REPORT (COM(2023)0185 – C90128/2023 – 2023/0093(COD)) 2023-10-10

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

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

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2023)0185 – C90128/2023 – 2023/0093(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0185),

– having regard to Article 294(2) and Article 82(1), points (b) and (d) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90128/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) This Regulation should apply to all requests issued within the framework of criminal proceedings. Criminal proceedings is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights, starting from the time when persons are informed by the competent authorities of a Member State that they are suspected or accused of having committed a criminal offence until the conclusion of those proceedings, to be understood as the final determination of the question whether the suspect or accused person has committed the criminal offence, including, where applicable, sentencing and the resolution of any appeal.

(7) This Regulation should apply to all requests issued within the framework of criminal proceedings.

Or. en

Amendment 2

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) This Regulation does not affect procedural rights as enshrined in Union law, such as the Charter, the procedural rights directives 2010/64/EU54 , 2012/13/EU55 , 2013/48/EU56 , (EU) 2016/34357 , (EU) 2016/80058 and (EU) 2016/191959 . The requesting authority should ensure that the procedural rights under Union and national law are respected when requesting a transfer of criminal proceedings under this Regulation.

__________________

54 Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).

55 Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, p. 1).

56 Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1).

57 Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ L 65, 11.3.2016, p. 1).

58 Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, p. 1).

59 Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016, p. 1).

Or. en

Amendment 3

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Where the suspect or accused person is a national of the requested State or a resident in that State, a transfer of criminal proceedings might be justified for the purpose of ensuring the right of the suspect or accused person to be present at trial, in accordance with Directive (EU) 2016/343. Similarly, where the majority of victims are nationals or residents in the requested State, a transfer can be justified to allow victims to easily participate in the criminal proceedings and to be effectively examined as witnesses during the proceedings. In cases where the surrender of a suspect or accused person for whom a European Arrest Warrant was issued is refused in the requested State on the grounds specified in this Regulation, a transfer may also be justified when that person is present in the requested State while not being a national of or a resident in that State.

(25) Where the suspects or accused persons are nationals of the requested State or residents in that State, a transfer of criminal proceedings might be justified for the purpose of ensuring the right of the suspects or accused persons to be present at trial, in accordance with Directive (EU) 2016/343. Similarly, where the victims are nationals or residents in the requested State, a transfer can be justified to allow victims to easily participate in the criminal proceedings and to be effectively examined as witnesses during the proceedings. In cases where the surrender of a suspect or accused person for whom a European Arrest Warrant was issued is refused in the requested State on the grounds specified in this Regulation, a transfer may also be justified when that person is present in the requested State while not being a national of or a resident in that State.

Or. en

Amendment 4

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) It is for the requesting authority to assess on the basis of material before it, whether there are reasonable grounds to believe that the suspect, accused person or the victim resides in the requested State. Where only limited information is available, such an assessment could also be the object of consultations between the requesting and requested authorities. Various objective circumstances that could indicate that the person concerned has established the habitual centre of his or her interests in a particular Member State or has the intention to do so, can be of relevance. Reasonable grounds to believe that a person resides in the requested State could exist, in particular, where a person is registered as a resident in the requested State, by holding an identity card, a residence permit, or a registration in an official residence register. Where that person is not registered in the requested State, residence could be indicated by the fact that a person manifested the intention to settle in that Member State or has acquired, following a stable period of presence in that Member State, certain connections with that Member State which are of a similar degree as those resulting from establishing a formal residence in that Member State. In order to determine whether, in a specific situation, there are sufficient connections between the person concerned and the requested State giving rise to reasonable grounds to believe that the person concerned resides in that State, it is necessary to take into account various objective factors characterising the situation of that person, which include, in particular, the length, nature and conditions of their presence in the requested State or the family or economic connections which that person has with the requested State. A registered vehicle, the registration of a telephone number, a bank account, the fact that the person’s stay in the requested State was uninterrupted or other objective factors may be of relevance to determine that there are reasonable grounds to believe that the person concerned resides in the requested State. A short visit, a holiday stay, including in a holiday home, or a similar stay in the requested State without any further substantial link should not be enough to establish residence in that Member State. On the other hand, an uninterrupted stay of at least three months should in most cases be regarded as sufficient to establish residence.

Or. en

Amendment 5

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Suspects or accused persons or victims should have the possibility to request for the criminal proceedings concerning them to be transferred to another Member State. These requests should not however impose any obligation on the requesting or requested authority to request or transfer criminal proceedings. If the authorities become aware of parallel criminal proceedings on the basis of a request of transfer submitted by the suspect or accused person, or the victim, or a lawyer on their behalf, then they are under the obligation to consult each other in accordance with the Framework Decision 2009/948/JHA.

(29) Suspects or accused persons or victims should have the possibility to suggest that the criminal proceedings concerning them be transferred to another Member State. These suggestions should not however impose any obligation on the requesting or requested authority to request or transfer criminal proceedings. If the authorities become aware of parallel criminal proceedings on the basis of a suggestion for a transfer submitted by the suspect or accused person, or the victim, or a lawyer on their behalf, then they are under the obligation to consult each other in accordance with the Framework Decision 2009/948/JHA.

Or. en

Amendment 6

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) The requesting authority should inform as soon as possible the suspect or accused person of the intended transfer and should provide for the possibility for such person to express their opinion orally or in writing, in accordance with applicable national law, to enable the authorities to take into account their legitimate interests before issuing a request for transfer. When assessing the legitimate interest of the suspect or accused person to be informed about the intended transfer, the requesting authority should take into account the need to ensure confidentiality of an investigation and the risk of prejudicing criminal proceedings against that person, e.g. whenever it is necessary to safeguard an important public interest, such as in cases where such information could prejudice ongoing covert investigations or seriously harm the national security of the Member State in which the criminal proceedings are instituted. Where the requesting authority cannot locate the suspect or accused person despite its reasonable efforts being made, the obligation to inform such person should apply from the moment these circumstances change.

(30) The requesting authority should inform as soon as possible the suspect or accused person of the intended transfer and should provide for the possibility for such person to express their opinion orally or in writing, in accordance with applicable national law, to enable the authorities to take into account their legitimate interests before issuing a request for transfer. When assessing the legitimate interest of the suspect or accused person to be informed about the intended transfer, the requesting authority should take into account the need to ensure confidentiality of an investigation and the risk of prejudicing criminal proceedings against that person, e.g. whenever it is necessary to safeguard an important public interest, such as in cases where such information could prejudice ongoing covert investigations or seriously harm the national security of the Member State in which the criminal proceedings are instituted. Where the requesting authority cannot locate or reach the suspect or accused person despite its reasonable efforts being made, the obligation to inform such person should apply from the moment these circumstances change.

Or. en

Amendment 7

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2. This Regulation shall apply in all cases of transfer of criminal proceedings in the Union from the time where a person has been identified as a suspect.

2. This Regulation shall apply in all cases of transfer of criminal proceedings in the Union regarding suspects.

Or. en

Amendment 8

Proposal for a regulation

Article 2 – paragraph 1 – point 6

Text proposed by the Commission

Amendment

(6) ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU.

(6) ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU, or a legal person, as defined by national law, that has suffered harm or economic loss as a direct result of a criminal offence that is the object of criminal proceedings to which this Regulation applies.

Or. en

Amendment 9

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. For the purpose of this Regulation, the requested State shall have jurisdiction over any criminal offence to which the law of the requesting State is applicable, in situations where:

1. Unless jurisdiction is already provided for by the national law of the requested State, for the purpose of this Regulation, the requested State shall have jurisdiction over any criminal offence to which the law of the requesting State is applicable, in situations where:

Or. en

Amendment 10

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. The jurisdiction established by the requested State exclusively by virtue of paragraph 1 may be exercised only pursuant to a request for transfer of criminal proceedings.

2. The jurisdiction established by the requested State exclusively by virtue of paragraph 1 may be exercised only pursuant to a request for transfer of criminal proceedings under this Regulation.

Or. en

Amendment 11

Proposal for a regulation

Article 5 – paragraph 2 – point i

Text proposed by the Commission

Amendment

(i) the enforcement of the sentence in the requested State is likely to improve the prospects for social rehabilitation of the person sentenced or there are other reasons for a more appropriate enforcement of the sentence in the requested State;

deleted

Or. en

Amendment 12

Proposal for a regulation

Article 5 – paragraph 2 – point j a (new)

Text proposed by the Commission

Amendment

(ja) the competent authorities of Member States have reached, following the direct consultations under the Framework Decision 2009/948/JHA, consensus on the concentration of the proceedings in one Member State.

Or. en

Amendment 13

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. The suspect or accused person, or the majority of victims, or a lawyer on their behalf, may also request the competent authorities of the requesting State or of the requested State to initiate a procedure for transferring criminal proceedings under this Regulation. Requests made under this paragraph shall not create an obligation for the requesting or the requested State to request or transfer criminal proceedings to the requested State.

3. The suspect or accused person, or one or more victims, or a lawyer on their behalf, may in accordance with national procedural law, contact the competent authorities of the requesting State with suggestion to transfer criminal proceedings under the conditions of this Regulation. If such suggestion of the suspect or accused person, or of victims is made to the competent authority in the requesting State, that authority may decide to consult the competent authority in the requested State in accordance with Article 15 (2). Suggestions made under this paragraph shall not create an obligation for the requesting or the requested State to request or transfer criminal proceedings to the requested State. If the requesting authority decides to transfer the criminal proceedings following a suggestion under this paragraph, the decision on the request for transfer is taken by the competent authorities of the requested State.

Or. en

Amendment 14

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Before a request for transfer of criminal proceedings is issued, the requesting authority shall, in accordance with applicable national law, give due consideration to the legitimate interests of the suspect or accused person and ensure that their procedural rights under Union and national law are respected.

Or. en

Amendment 15

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Provided that it would not undermine the confidentiality of an investigation, the suspect or accused person shall, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing, unless that person cannot be located despite reasonable efforts being made by the requesting authority. Where the requesting authority considers it necessary in view of the suspect’s or accused person’s age or their physical or mental condition, the opportunity to state their opinion shall be given to their legal representative. Where the request for transfer of criminal proceedings follows a request from the suspect or accused person under Article 5(3), such a consultation with the suspect or accused person who made the request is not required.

2. Provided that it would not undermine the confidentiality of an investigation, or otherwise prejudice the investigation, and only where appropriate depending on the circumstances of the case, the suspect or accused person who has already been notified that they are suspected or accused of having committed an offence, may in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing, unless that person cannot be located or reached despite reasonable efforts being made by the requesting authority. Where the requesting authority considers it necessary in view of the suspect’s or accused person’s age or their physical or mental condition, the opportunity to state their opinion shall be given to their legal representative. Where the request for transfer of criminal proceedings follows a suggestion from the suspect or accused person under Article 5(3), such a consultation with the suspect or accused person who made the request is not required.

Or. en

Amendment 16

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. The opinion referred to in paragraph 2 of the suspect or accused person shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings.

3. The opinion referred to in paragraph 2 shall be delivered, no later than five working days after the suspect or accused person has been invited to do so and shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings.

Or. en

Amendment 17

Proposal for a regulation

Article 6 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The negative opinion of the suspect or accused person with regard to the transfer of criminal proceeding shall not prevent such a transfer if the requested authority decides to accept it in accordance with Article 12.

Or. en

Amendment 18

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the requested authority has taken a decision in accordance with Article 12(1), the requesting authority shall, provided that it would not undermine the confidentiality of an investigation, immediately inform the suspect or accused person, in a language which they understand, about the issuing of the request for transfer of criminal proceedings and the subsequent acceptance or refusal of the transfer by the requested authority, unless that person cannot be located despite reasonable efforts being made by the requesting authority. If the requested authority has taken a decision to accept the transfer of criminal proceedings, the suspect or accused person shall also be informed about their right to a legal remedy in the requested State, including about the time limits for such a remedy.

deleted

Or. en

Amendment 19

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. Provided that it would not undermine the confidentiality of an investigation, and where the victim resides in the requesting State, they shall, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing. Where the requesting authority considers it necessary in view of the victim’s age or his or her physical or mental condition, that opportunity shall be given to victim’s legal representative.

2. Provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, victims who reside in the requesting State, and who have requested to receive the information specified in Article 6 (1), point (a) of Directive 2012/29/EU shall, in accordance with applicable national law, and only where appropriate depending on the circumstances of the case, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing. Where the requesting authority considers it necessary in view of the victim’s age or his or her physical or mental condition, that opportunity shall be given to victim’s legal representative.

Or. en

Amendment 20

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. The opinion referred to in paragraph 2 of the victim shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings.

3. The opinion of the victim referred to in paragraph 2 shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings. The negative opinion of the victim with regard to the transfer of the criminal proceeding shall not prevent such a transfer if the requested authority decides to accept it in accordance with Article 12.

Or. en

Amendment 21

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Where the requested authority has taken a decision in accordance with Article 12(1), the requesting authority shall, provided that it would not undermine the confidentiality of an investigation, immediately inform the victim residing in the requesting State, in a language which they understand, about the issuing of the request for transfer of criminal proceedings and the subsequent acceptance or refusal of the transfer by the requested authority. If the requested authority has accepted the transfer of criminal proceedings, the victim shall also be informed about their right to a legal remedy available in the requested State, including about the time limits for such a remedy.

deleted

Or. en

Amendment 22

Proposal for a regulation

Article 8

Text proposed by the Commission

Amendment

Article 8

deleted

Right to a legal remedy

1. Suspects, accused persons, and victims shall have the right to effective legal remedies in the requested State against a decision to accept the transfer of criminal proceedings.

2. The right to a legal remedy shall be exercised before a court in the requested State in accordance with its law.

3. The time limit for seeking a legal remedy shall be no longer than 20 days from the date of receipt of information about the decision referred to in Article 12(1).

4. Where the request for transfer of criminal proceedings is issued after the suspect’s or accused person’s indictment, the invocation of a legal remedy against a decision to accept the transfer of criminal proceedings, shall have suspensive effect.

5. The requested authority shall inform the requesting authority about the legal remedies sought under this Article.

Or. en

Amendment 23

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. The request for transfer of criminal proceedings shall be drawn up using the certificate set out in the Annex. The requesting authority shall sign the certificate and shall certify its content as being accurate and correct.

1. The request for transfer of criminal proceedings shall be drawn up using the request form set out in the Annex. The requesting authority shall sign the request form and shall certify its content as being accurate and correct.

Or. en

Amendment 24

Proposal for a regulation

Article 9 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) information on procedural acts or measures with a bearing on the criminal proceedings that have been undertaken in the requesting State;

(f) information on procedural acts or measures with a bearing on the criminal proceedings that have been undertaken in the requesting State, including any ongoing temporary coercive measure and the time limit for the application of such measure;

Or. en

Amendment 25

Proposal for a regulation

Article 9 – paragraph 5

Text proposed by the Commission

Amendment

5. The completed certificate referred to in paragraph 1 and, where so agreed with the requested authority, any other written information accompanying the request for transfer of criminal proceedings, shall be translated into an official language of the requested State or any other language that the requested State will accept in accordance with Article 30(1), point (c).

5. The completed request form referred to in paragraph 1 and, where so agreed with the requested authority, any other written information accompanying the request for transfer of criminal proceedings, shall be translated into an official language of the requested State or any other language that the requested State will accept in accordance with Article 30(1), point (c).

Or. en

Amendment 26

Proposal for a regulation

Article 12 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The requested authority shall inform the requesting authority of its reasoned decision referred to in paragraph 1 within time limits set out in Article 14.

Or. en

Amendment 27

Proposal for a regulation

Article 13 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) if the requested State does not have jurisdiction over the criminal offence. Such jurisdiction could also derive from Article 3.

(f) if the requested State does not have jurisdiction over the criminal offence including jurisdiction which derives from Article 3.

Or. en

Amendment 28

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Consultations may also take place before the request for transfer of criminal proceedings is issued, in particular with a view to determining whether the transfer would serve the interests of efficient and proper administration of justice. In order to propose the transfer of criminal proceedings from the requesting State, the requested authority may also consult with the requesting authority about the possibility of issuing a request for transfer of criminal proceedings.

2. Consultations shall also take place before the request for transfer of criminal proceedings is issued, in particular with a view to determining whether the transfer would serve the interests of efficient and proper administration of justice. In order to propose the transfer of criminal proceedings from the requesting State, the requested authority shall also consult with the requesting authority about the possibility of issuing a request for transfer of criminal proceedings.

Or. en

Amendment 29

Proposal for a regulation

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4. Requests for consultations shall be answered without delay.

4. Requests for consultations shall be answered without undue delay.

Or. en

Amendment 30

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission

Amendment

Article 15a

Information to be provided to the suspect and accused person

1. Where the requested authority has taken a decision in accordance with Article 12(1) to accept the transfer of criminal proceedings, the requested authority shall, provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, immediately inform the suspect or accused person, in a language which that suspect or person understands, about the issuing of the request for the transfer of criminal proceedings unless that person cannot be located or reached. The requested authority shall provide the suspect or accused person with a copy of the reasoned decision accepting the transfer of proceedings. The requested authority shall also inform the suspect or accused person, unless that suspect or person cannot be located or reached, about their right to an effective legal remedy in the requested State including about the time limits for such a remedy. Where appropriate, the requested authority may seek the assistance of the requesting authority in order to carry out the tasks referred to in this paragraph.

2. Where the requested authority has taken a decision in accordance with Article 12(3) to refuse the transfer of proceedings, the requesting authority shall, provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, inform the suspect or accused person without undue delay, in a language which they understand, about the issuing of the request for transfer of criminal proceedings and the subsequent refusal of the transfer by the requested authority, unless that person cannot be located or reached. Where appropriate, the requesting authority may seek the assistance of the requested authority in order to carry out the tasks referred to in this paragraph.

Or. en

Amendment 31

Proposal for a regulation

Article 15 b (new)

Text proposed by the Commission

Amendment

Article15b

Information to be provided to the victim

1. Where the requested authority has taken a decision in accordance with Article 12(1) to accept the transfer of proceedings and provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation,, the requested authority shall, without undue delay, inform the victim who has requested to receive information on the criminal proceedings in accordance with Directive 2012/29/EU, in a language which that victim understands, about the issuing of the request for the transfer of criminal proceedings and the subsequent acceptance of the transfer by the requested authority, unless that victim cannot be located or reached anymore. The requested authority shall also inform the victim about his or her right to an effective legal remedy in the requested State, including regarding the time limits for such a remedy. Where appropriate, the requested authority may seek the assistance of the requesting authority in order to carry out the tasks referred to in this paragraph.

2. Where the requested authority has taken a decision in accordance with Article 12(3) to refuse the transfer of proceedings, the requesting authority shall, provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, inform without undue delay the victim who has requested to receive information on the criminal proceedings in accordance with Directive 2012/29/EU, in a language which he or she understands, about the issuing of the request for transfer of criminal proceedings and the subsequent refusal of the transfer by the requested authority, unless that person cannot be located or reached anymore. Where appropriate, the requesting authority may seek the assistance of the requested authority in order to carry out the tasks referred to in this paragraph.

Or. en

Amendment 32

Proposal for a regulation

Article 15 c (new)

Text proposed by the Commission

Amendment

Article15c

Right to an effective legal remedy

1. Suspects, accused persons, and victims shall have the right to effective legal remedies in the requested State against a decision to accept the transfer of criminal proceedings.

2. The right to an effective legal remedy shall be exercised before a court in the requested State in accordance with its law. The court shall examine the validity of the decision to accept the transfer of criminal proceedings in the light of the relevant provisions of this Regulation, including Articles 5 and 13.

3. Member States shall provide that suspects, accused persons, and victims also have the right of access to the file as well as any other procedural rights which are necessary to effectively exercise their right to an effective remedy. The access to the file shall be limited to the documents related to the transfer of criminal proceedings and necessary to exercise their right to an effective remedy.

4. The time limit for seeking an effective legal remedy shall be no longer than 14 days from the date of receipt of information about the decision on the transfer of criminal proceedings referred to in Article 5. The court in the requested State shall take its decision on the legal remedy without undue delay and, where possible, within 60 days.

5. Where the legal remedy sought is successful, the criminal proceedings will revert to or remain in the requesting State, unless the court in the requested State decides otherwise.

6. The requested authority shall, inform the requesting authority about the effective legal remedies sought under this Article and about their final outcome within five working days from the moment when the decision on the legal remedies is taken..

Or. en

Amendment 33

Proposal for a regulation

Article 19 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) coordinate, after transfer of criminal proceedings, with the requested authority, and with the early involvement of Eurojust, on provisional measures taken before transfer.

Or. en

Amendment 34

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

The requested authority shall inform the requesting authority of the discontinuation of criminal proceedings or of any decision delivered at the end of the criminal proceedings, including whether that decision, under the national law of the requested State, definitively bars further prosecution and therefore prevents further criminal proceedings, in respect of the same acts, in that State or of other information of substantial value. It shall forward a copy of the written decision delivered at the end of the criminal proceedings to the requesting authority.

The authority issuing the final decision shall inform the requesting authority of the discontinuation of criminal proceedings or of any decision delivered at the end of the criminal proceedings, including whether that decision, under the national law of the requested State, definitively bars further prosecution and therefore prevents further criminal proceedings, in respect of the same acts, in that State or of other information of substantial value. It shall forward a copy of the written decision delivered at the end of the criminal proceedings to the requesting authority.

Or. en

EXPLANATORY STATEMENT

Explanatory Statement - Rapporteur Kanko - Proposal for a Regulation on the transfer of proceedings in criminal matters 2023/0093/COD

Spread of the cross-border crime and especially of serious crime committed by organized groups leads us today to pursuing new actions that would fulfil loopholes in the European legislation.

This is particularly important when investigating transnational crimes perpetrated by organised criminal groups, such as drug trafficking, migrant smuggling, trafficking in human beings, firearms trafficking, environmental crime, cybercrime or money laundering.

The increased number of those cases leads to situations in which several Member States have jurisdiction to investigate and bring to trial the same or related criminal offences.

The current fragmented legal framework however generates several legal issues and difficulties in practice, making often transfers of proceedings to another Member State a cumbersome and not always successful procedure.

Transfers of proceedings are considered a cornerstone of judicial international cooperation but have been so far largely immune from influence by the EU legislator.

National judiciary systems face numerous practical challenges with respect to the transfer of criminal proceedings. This list includes differing rules on evidence, the cost and quality of translations, lack of consultation and coordination as well as time limits for decisions to be taken.

Therefore, Rapporteur recognises an urgent need for a new instrument enhancing judicial cooperation between Member States that will lay down clear rules on the transfer of criminal proceedings from one Member State to another.

Rapporteur stresses that harmonisation in this area will prove to be an important step forward and facilitate the proper administration of justice, prevent impunity, avoid breaches of the ne bis in idem principle and ensure an effective fight against cross-border crime.

Rapporteur believes that there is a clear need for legislation that helps to exclude parallel proceedings and overlapping jurisdictions occurring in situations where the offence has been committed in territories of several Member States, or where the effects of an offence occurs on territories of several Member States.

Rapporteur supports the aim of new proposal providing common rules on transfer of criminal proceedings in order to increase efficiency in fight cross-border crime and to ensure that the best-placed Member State investigates or prosecutes a criminal offence.

Rapporteur however still sees room for further improvement of the current proposal in terms of legal certainty, effectiveness as well as efficiency and presents therefore several changes to the Commission’s text.

Among others Rapporteur:

 determines a more appropriate scope for the transfer of the criminal proceedings not to hinder investigations by proposing practical approach and specifying that this regulation shall apply to all cases in the Union regarding the suspect;

 extends the proposed definition of the victim to legal persons in order to include entities that have suffered harm or economic loss as a direct result of a criminal offence;

 clarifies the role and rights of suspect or accused persons in the procedure of transfer of proceeding by stressing that the negative opinion of the suspect or accused person with regard to the transfer of criminal proceeding shall not prevent such a transfer, given that such decision lies with the competent authority in the requested Member State;clarifying 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;

 stresses that the suspect or accused person may be informed of the intended transfer of a criminal proceeding only if that information would not prejudice the investigation

 puts forward deadlines that would allow for more efficient and quicker transfer of the criminal proceeding;

 renders the consultations between the requesting and requested authorities obligatory before the request for transfer of criminal proceedings is issued;

 introduces a new provision calling for a coordination between the requested authority and the requesting authority after the transfer, with regard to the provisional measures that have been taken.

Rapporteur believes that this new instrument will contribute to the good administration of justice and particularly to an efficient cooperation between judicial authorities of Member States.