Thematic data-base jurisprudence & Case-law workbook

Abstract

More than a decade has elapsed since the majority of criminal justice Framework Decisions (FDs) came into effect. During this period, however, various jurisdictions have encountered distinct challenges regarding the interpretation of different provisions thereof, when applying them to real-life cases. According to Article (Art.) 267 of the Treaty on the Functioning of the European Union (TFEU), the Court of Justice of the European Union (CJEU) holds the authority to provide preliminary rulings on matters pertaining to the ‘validity and interpretation of acts of the institutions, bodies, offices or agencies of the
Union‘. Simultaneously, in the context of the Council of Europe, the European Court of Human Rights (ECtHR) has been tasked with adjudicating alleged violations of human rights in cases involving cross-border implications.

National courts, notably supreme courts, constitutional courts or even appeal courts within various EU jurisdictions, have adjudicated cases involving mutual trust or cross-border scenarios.

Due to their ‘erga omnes’ nature and the imperative of a standardised and uniform interpretation across the EU, these decisions should be familiar to the judiciary across the entire EU, as well as other professionals engaged in mutual recognition procedures (such as prosecutors, lawyers, probation officers, penitentiary jurists, etc.).

This is the rationale behind the project team’s development of a Case Law Database. This resource can be regularly utilised or consulted in times of uncertainty by those engaged in the execution of FD 2008/909 and related regulations.

To attain this objective, project partners were tasked with reviewing jurisprudence from the CJEU and ECtHR, seeking cases that either directly or indirectly could impact the application of FD 2008/909 and related regulations. National jurisprudence was examined for the same purpose. Each partner was required to submit pertinent cases following a consistent structure. Following this endeavour, the project team identified 17 pertinent judgments from the CJEU, nine applicable judgments from the ECtHR, and over 15 domestic rulings that could potentially inform the future execution of FD 2008/909 and related regulations.

To the best of our knowledge, this stands as the initial comprehensive compilation of European jurisprudence linked to the execution of FD 2008/909 and related regulations.

We anticipate that this document will contribute to an equitable, fair, and consistent application of the criminal justice FDs.

Gathering European court decisions at intergovernmental, supranational and Member States’ levels paves the way for the Case Law Workbook; purpose of this part is to provide analytical insights in the consequences of the court decisions for the application of the FDs and related instruments.