Choice of forum and the prosecution of cross-border crime in the European Union – What role for the legality principle?

This contribution approaches choice of forum in light of the legality principle, which is a cornerstone of every EU Member State’s criminal justice system. It aims to offer a more-or-less comprehensive overview of the field of research, in order to be able to fully appreciate all the contributions to this book. It does so by taking a twofold approach: first, it uses the key concepts of the legality principle as an analytical framework for assessing the state of affairs in the European Union (section 4); second, it assesses whether the principle also provides a normative yardstick for the European legislator (section 5). Should the latter be the case, than that legislator would be forced to intervene in issues related to forum choice. In section 6, I will finally transpose the conclusions of my analyses into a general outline for a European system of forum choice.

Journal/Publisher: Eleven International Publishing

Publication type: Article

Number of pages/Page range: 3-61

Language/s (content): English

Date of publication: 01-06-13

Personal data

Full name Michiel LUCHTMAN

Current occupation Contact Point

University/Institution Utrecht University

Address Boothstraat 6

Postal code 3512 BW

Country Netherlands

Telephone +31302537298

Email m.luchtman@uu.nl