Clausole di giurisdizione nel diritto penale europeo

The creation of the free market in the EU entails a series of advantages to the citizens of the Union, among which the free movement of persons, goods, and assets throughout its territory. However, together with many benefits, it also brought some collateral effects, for instance the multiplication of crimes involving a cross border dimension. Consequently, one of the first aspects to be considered is the issue of which Member State may claim criminal jurisdiction over a certain cross border case. In fact, the correct allocation of criminal jurisdiction has a vital role in respect to the necessity of respecting fundamental rights of the persons involved in the proceedings. For instance, the chances of coming across parallel proceedings are high, therefore entailing a breach of the ne bis in idem principle. On the other hand, negative conflicts of jurisdiction may also happen, resulting in failure of prosecution and impunity. Therefore, regulation of jurisdiction clauses at EU level should be prioritised, in order to obtain harmonisation of substantive criminal law regulating the allocation of the choice of forum among the Member States. This would guarantee a better management of cross border crimes, therefore reducing the chances of violation of fundamental procedural rights of the persons involved in the proceedings while, at the same time, avoiding impunity.