‘The EU works towards achieving common minimum standards of procedural rights in criminal proceedings to ensure that the basic rights of suspects and accused persons are protected sufficiently’ [Source: ec.europa.eu].
More information, list relevant legal documents and summary of legislation, here:
See especially Articles 5, 6, 7.
- European Union, Charter of fundamental rights of the European Union
Especially Chapter VI – Justice: Articles 47-50 (Right to an effective remedy; fair trial; presumption of innocence; right of defence; principle of legality; principle of proportionality; double jeopardy).
- European Union, Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings
The purpose of this Directive is to ensure the effectiveness of the right of access to a lawyer as provided for under Directive 2013/48/EU of the European Parliament and of the Council (3) by making available the assistance of a lawyer funded by the Member States for suspects and accused persons in criminal proceedings and for requested persons who are the subject of European arrest warrant proceedings pursuant to Council Framework Decision 2002/584/JHA (4) (requested persons).
- European Union, Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings
The purpose of this Directive is to establish procedural safeguards to ensure that children, meaning persons under the age of 18, who are suspects or accused persons in criminal proceedings, are able to understand and follow those proceedings and to exercise their right to a fair trial, and to prevent children from re-offending and foster their social integration.
- European Union, Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
The Directive ‘aims to guarantee: the presumption of innocence of anyone accused or suspected of a crime by the police or justice authorities; the right of an accused person to be present at their criminal trial’. ‘The directive applies to any individual (natural person) suspected or accused in criminal proceedings. It applies at all stages of the criminal proceedings, from the moment a person is suspected or accused of having committed a criminal offence to the final verdict.’ [Source: eur-lex.europa.eu]
- European Union, Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty
‘This European Union (EU) law ensures that suspects and accused persons in criminal proceedings and requested persons in European arrest warrant proceedings (hereafter ‘citizens’) have access to a lawyer and have the right to communicate while deprived of liberty’. [Source: eur-lex.europa.eu]
- European Union, Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings
‘The directive sets out minimum standards for all EU countries regardless of a person’s legal status, citizenship or nationality. It is designed to help prevent miscarriages of justice and reduce the number of appeals’. [Source: eur-lex.europa.eu]
- European Union, Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings
‘It establishes minimum EU-wide rules on the right to interpretation and translation in criminal proceedings and in proceedings for the execution of the European Arrest Warrant. It is the first step in series of measures to establish minimum rules for procedural rights across the EU in accordance with a 2009 roadmap. It was followed in 2012 by the directive on the right to information in criminal proceedings’. [Source: eur-lex.europa.eu]
- European Union, Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States – Statements made by certain Member States on the adoption of the Framework Decision
Council Framework Decision 2002/584/JHA ‘improves and simplifies judicial procedures to speed up the return of people from another EU country who have committed a serious crime. (…) The European arrest warrant replaces the extradition system. It requires each national judicial authority to recognise and act on, with a minimum of formalities and within a set deadline, requests made by the judicial authority of another EU country. (…) The warrant applies in the following cases: offences punishable by imprisonment or a detention order for a maximum period of at least 1 year; where a final custodial sentence has been passed or a detention order has been made, for sentences of at least 4 months. Proportionate use of the warrant: EU countries must take the following into consideration (non-exhaustive list): the circumstances and the gravity of the offence; the likely sentence; less coercive alternative measures. [Source: eur-lex.europa.eu]
- European Union, European Commission, GREEN PAPER Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention, COM (2011) 327, 14 June 2011
- European Council, The Stockholm Programme – An open and secure Europe serving and protecting citizens (2010/C 115/01)
- European Commission, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 April 2010 – Delivering an area of freedom, security and justice for Europe’s citizens – Action Plan Implementing the Stockholm Programme [COM(2010) 171 final]