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DRAFT 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

LIBE-PR-753778

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

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This is the rapporteur's draft report on the Commission's proposal for a regulation on the transfer of proceedings in criminal matters. It adopts a first-reading position with 34 amendments to the Commission text. The amendments narrow the scope to suspects, extend the definition of victim to legal persons, and let one or more victims suggest a transfer. They make consultations between authorities mandatory before a request is issued. They set deadlines for the suspect's opinion and for seeking a legal remedy, and move the right to an effective legal remedy into new articles. They also add rules on informing suspects, accused persons and victims after a decision. The rapporteur calls on the Commission to refer the matter to Parliament again if it substantially amends its proposal.

Committee position. The rapporteur supports the proposal's aim of common rules on transferring criminal proceedings, but proposes amendments for legal certainty, effectiveness and efficiency, including a narrower scope, an extended victim definition, mandatory consultations, deadlines and new information and remedy provisions.

Key points

  1. Parliament adopts its first-reading position on the proposed regulation on the transfer of proceedings in criminal matters.
  2. The regulation would apply in all cases of transfer of criminal proceedings in the Union regarding suspects.
  3. A victim is defined as under Directive 2012/29/EU, or a legal person under national law that suffered harm or economic loss from the offence.
  4. The requested State has jurisdiction unless national law already provides it; that jurisdiction may be exercised only under a request for transfer under this regulation.
  5. A ground for transfer based on improving social rehabilitation or more appropriate enforcement of the sentence is deleted; a new ground is added where authorities reached consensus on concentrating proceedings after consultations.
  6. The suspect, accused person, one or more victims, or a lawyer may suggest a transfer; such suggestions create no obligation, and the decision lies with the requested State's authorities.
  7. Before issuing a request, the requesting authority must consider the suspect's or accused person's legitimate interests and, where appropriate, inform them and hear their opinion, with a five-working-day deadline.
  8. A negative opinion of the suspect, accused person or victim does not prevent the transfer if the requested authority accepts it.
  9. Victims residing in the requesting State who asked for information under Directive 2012/29/EU must be informed and heard, with their opinion taken into account.
  10. The request is made on a request form in the Annex, including information on ongoing temporary coercive measures and their time limit, and translated into an accepted language.
  11. Consultations between authorities must take place before a request is issued, and requests for consultations must be answered without undue delay.
  12. New articles require the requested authority to inform suspects, accused persons and victims about the decision and their right to a legal remedy, with a 14-day time limit and a court decision where possible within 60 days.

Who is affected

  • Suspects and accused persons: may suggest a transfer, must be informed and heard, and can seek a legal remedy in the requested State.
  • Victims, including legal persons: may suggest a transfer, must be informed and heard, and can seek a legal remedy.
  • Requesting and requested authorities: must consult before a request, inform the persons concerned, and coordinate on provisional measures after transfer.
  • Member States: must provide access to the file and other procedural rights for the effective exercise of legal remedies.

Figures and deadlines

  • Five working days: deadline for the suspect or accused person to deliver their opinion after being invited.
  • 14 days: maximum time limit for seeking an effective legal remedy from receipt of information about the transfer decision.
  • 60 days: period within which the court in the requested State should decide on the legal remedy, where possible.

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