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The individual as subject of international cooperation in criminal matters

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The individual's role as a "subject" in national proceedings becomes ambiguous when extradition or international cooperation is needed in domestic criminal cases. This analysis moves beyond the traditional two-dimensional framework of the requesting and requested states to explore a more comprehensive three-dimensional perspective. The authors argue that if individuals possess subjective, substantive, and procedural rights—whether from international treaties or municipal law, particularly constitutional guarantees—then the legal relationships involved cannot be viewed as merely two-dimensional. The focus extends beyond extradition to encompass various forms of international cooperation in criminal matters, including the enforcement of sanctions. The topic of "choice of forum" emerges as particularly significant. Additionally, the examination of international administrative cooperation reveals critical gray areas, such as police collaboration and tax-related international cooperation. The work includes national reports from Finland, Germany, Italy, the Netherlands, and the United States, along with a report on the European Union, providing a broad perspective on these complex issues.

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The individual as subject of international cooperation in criminal matters, Albin Eser

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2002
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