Foiled transnational justice?: an exploration of the failures of EU judicial cooperation procedures

Abstract

[Abstract] This chapter shows that EU institutions have long acknowledged that the FDs on transfer procedures have been failing to meet their expectations, particularly FD 947 and FD 829. It examines a law enforcement measure relatively similar to the transfer procedures under study which has been gaining significant momentum across Europe, the deportation orders targeting EU nationals. There are remarkable differences between judicial cooperation transfers and deportations targeting EU citizens. To begin with, FD 909, FD 947 and FD 829 procedures are expected to be regularly implemented and utilised by European criminal justice agencies. By contrast, the deportation practices regulated by the Citizenship Rights’ Directive are legally considered as exceptional measures. The scant utilisation of FD 909, and especially FD 947 and FD 829 procedures, has been a motive of concern for both institutions and academic communities. The various stakeholders engaging in a conversation on the obstacles preventing transfer procedures from being widespread have largely adopted legal viewpoints.