A comprehensive overhaul of the Act on International Judicial Assistance in Criminal Matters (IRG) is being proposed by the Federal Ministry of Justice, as detailed in a draft bill released this week. The IRG governs cross-border criminal proceedings, establishing the framework for collaboration between German law enforcement and judicial authorities and their counterparts in foreign jurisdictions. This includes facilitating international evidence gathering and extradition processes.
The proposed revision aims to enhance the law’s practicality and usability by addressing concerns that the current version, in the view of many practitioners, is overly complex and difficult to navigate. A key feature of the reform is the introduction of a general legal basis for cooperation with international bodies, such as special tribunals. The draft also stipulates strengthened rights for those involved in legal proceedings.
The legislative changes will implement European standards, particularly concerning the independence of the authority responsible for issuing and executing European Arrest Warrants.
“This legislative reform will place international cooperation in criminal prosecution on a new foundation, thereby strengthening it” stated Justice Minister Stefanie Hubig. “We are prioritizing both the rule of law and practicality. For the first time, we will legally establish general cooperation with international special tribunals.
The Ministry emphasized that this reform carries a significant symbolic value, particularly given the current pressures on international jurisdiction. It reflects a commitment to addressing even the most serious crimes and acknowledges the vital role international courts can play in achieving justice.