Jurisdiction in Criminal Law in the EU – Revised

Abstract In this paper, I outline a proposal for a revised approach to jurisdiction over criminal matters in the European Union, concerning real-world situations. The analysis is rooted in two fundamental premises – the condition of foreseeability of the relevant norms, and the possibility of separating substantial and procedural criminal laws. From this perspective, I argue for a reduction of the jurisdictional nexuses applicable in the context of interactions between Member States. Considering the fundamentals of criminal law and the aim of the Union to create one area of freedom, security and justice, a multiplication of various links is superfluous. A reduction is not only possible and justified to adequately protect the interests of the states and individuals but would also provide a suitable tool for mitigating redundant conflicts of jurisdiction.