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Conflictul de competenţă în materie penală
The conflict of jurisdiction in criminal matters

Author(s): Mareş Mihai
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: criminal proceedings; positive conflicts of jurisdiction; negative conflicts of jurisdiction; ne bis in idem; judicial cooperation in criminal matters;

Summary/Abstract: This paper presents an overview of the national legislation and relevant case-law as well as the European legal instruments which aim at preventing and settling conflicts of jurisdiction in criminal matters. Within the course of the national criminal proceedings, during the prosecution or the trial phase, or within the proceedings carried out before the enforcement courts, two types of conflicts of jurisdiction may arise, namely a positive conflict of jurisdiction, whenever a plea for lack of jurisdiction is repeatedly denied, or a negative conflict of jurisdiction, consisting in the mutual declining of jurisdiction by the judicial authorities to which the case is referred. In both cases, these procedural incidents require proper settlement as they interfere with the proper course of justice. Conflicts of jurisdiction may also arise among the authorities of several Member States of the European Union, positive conflicts of jurisdiction being the most common ones, which challenge the application of the “ne bis in idem” principle.

  • Issue Year: 2016
  • Issue No: 04
  • Page Range: 103-116
  • Page Count: 14
  • Language: Romanian