Conflicts of Jurisdiction in Criminal Proceedings in Europe: Between Bis In Idem and Lis Pendens

Abstract

The purpose of this paper is to highlight the main issues concerning conflicts of jurisdiction within the EU, also from an italian perspective . The reason of conflicts of jurisdiction’s increase lies in the non-full application of the territoriality criterion, but especially in the transformation of criminality: the opening of borders and free movement of people, as well as the using of IT tools, can cause a fragmentation, among different countries, in the commission of crimes. The discussion on the overlap of proceedings for the same facts involving the same person revolves around various sources of law. Because of interpretative difficulties, many questions regarding conflicts of jurisdiction are still under debate, also in the national and supranational case-law.