Criminal procedural laws across the European Union – A comparative analysis of selected main differences and the impact they have over the development of EU legislation

30-08-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of nine Member States. It identifies several forms of “hindrances” to cross-border cooperation, ranging from mere delays to the suspension and the non-execution of assistance requests, alongside the striking underuse of some of the existing instruments. There is no simple or single answer to these challenges. Therefore, several non-legislative and legislative recommendations are put forward for the short- and long-term horizon.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of nine Member States. It identifies several forms of “hindrances” to cross-border cooperation, ranging from mere delays to the suspension and the non-execution of assistance requests, alongside the striking underuse of some of the existing instruments. There is no simple or single answer to these challenges. Therefore, several non-legislative and legislative recommendations are put forward for the short- and long-term horizon.

Autor extern

Elodie SELLIER, Université Libre de Bruxelles Anne WEYEMBERGH, Université Libre de Bruxelles Thomas Wahl, Alexander Oppers (Reports on Germany); Gerard Conway (Reports on Ireland); Marta Muñoz de Morales Romero (Reports on Spain); Perrine Simon (Reports on France); Silvia Allegrezza (Reports on Italy); Petra Bard (Reports on Hungary); Aart de Vries, Joske Graat, Tony Marguery (Reports on the Netherlands); Daniel Nitu (Reports on Romania); Samuli Miettinen, Petri Freundlich (Reports on Finland)