Oireachtas Joint and Select Committees

Wednesday, 17 July 2013

Joint Oireachtas Committee on Justice, Defence and Equality

Scrutiny of EU Legislative Proposals

2:10 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

What is envisioned here is not dependent on an offence being committed by a European citizen. Such an offence could be committed in the European Union by one of its citizens or by a non-citizen. In the context of jurisdiction, Article 11 states:


1. Member States shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in Title ll where:
(a) the offence is committed in whole or in part within their territory; or
(b) the offender is one of their nationals.
Once the directive is in place, we will enact our own domestic law. Thereafter, if one of our nationals commits an offence under the directive, either in another member state or outside the European Union, he or she can effectively be prosecuted in Ireland. It is often the case that most of our criminal law applies to offences committed in this country. We have extraterritoriality in respect of a very limited number of offences. In the context of many of continental European states, there is extraterritoriality. If a national of one of those states commits an offence elsewhere, he or she can be prosecuted in his or her home state. This is the particular approach taken in the directive.

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