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The European Criminal Bar Association (ECBA) is a leading group of independent criminal defence lawyers in the Council of Europe

The ECBA publishes its opinion on the Proposal for a Regulation on the transfer of proceedings COM (2023) 185 final - 2023/0093 (COD) as well as the key points on the transfer/takeover of criminal proceedings (Art. 82, 85 TFEU) regarding remedies and the right to request transfer.

On April 5 2023, the Commission submitted a proposal for a Regulation on the transfer of proceedings in criminal matters COM(2023) 185 final (hereinafter referred to as COM-proposal). While it does not tackle the underlying problem of positive conflicts of jurisdiction, it would at least create an instrument to achieve improvements where potential conflicts of jurisdiction may arise, both in the interest of a functioning administration of criminal justice a nd in the interest of the citizens and legal entities concerned.

In December 2023, the Council agreed on its general approach on the Draft Regulation, and, in January 2024, the European Parliament (EP) adopted the report issued by its Committee on Civil Liberties, Justice and Home Affairs (LIBE).

In light of these reports and the ongoing trilogue negotiations, the present statement focuses on two aspects:

(1) The right to an effective remedy.

(2) The right of the suspect or accused persons to request a transfer of proceedings.

The ECBA urges the negotiators to take into account some considerations in the upcoming discussions about this legislative instrument.