Case Law

The Case Law database provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports), the Committee of Ministers (resolutions), and the Court of Justice of the European Union.

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Right to Interpretation and Translation (Measure A) »

Adopted on 20 October 2010. The suspect and defendant must be able to understand what is happening and make him/herself understood. The Directive ensures that suspects have the right to interpretation and translation in criminal proceedings allowing them to fully exercise their right of defence.

Right to Information (Measure B) »

Adopted on 22 May 2012. A person, who is suspected of a crime should get information on his/her basic rights in writing, as well as information about the nature and cause of the accusation against him/her.

Access to a Lawyer (Measure C1) »

After long negotiations, the European Union Directive on the right of access to a lawyer in criminal proceedings and the right to communicate upon arrest was adopted on 22 October 2013.

Legal Aid Reform (Measure C2) »

A proposal for this measure was presented by the European Commission in November 2013. It aims to set common minimum standards on the right to provisional legal aid for suspects or accused persons in criminal proceedings when they are deprived of liberty and for provisional legal aid and legal aid for persons subject to proceedings pursuant to Framework Decision 2002/584/JHA on the European arrest warrant. A non-binding Recommendation was adopted by the European Commission on 27 November 2013, aiming to reinforce the right to legal aid in criminal proceedings. It says: "Member States should take appropriate measures to ensure that suspects or accused persons and requested persons are entitled to receive effective legal aid to ensure the right to a fair trial".

Vulnerable Accused and Suspected Persons (Measure E) »

The Commission presented a proposal in November 2013. It “aims to set minimum standards throughout the European Union on the right of children who are suspected or accused in criminal proceedings and of children subject to… European arrest warrant proceedings.” The proposal only covers children “due to the lack of a common definition of vulnerable adult persons and with a view to considerations linked to the principles of subsidiarity and proportionality.” A Commission Recommendation (non-binding) has been adopted in this regard, “calling upon Member States to put in place a number of safeguards for vulnerable persons.”

Pre-Trial Detention (Measure F) »

In June 2011 the European Commission published a Green Paper on the Right to Review of the Grounds for Detention. The Consultation period closed in November 2011. In December 2011 the European Parliament debated detention in the EU and passed a motion calling on the Commission and Council to put forward a legislative proposal in the area.

Presumption of Innocence »

A proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings was presented by the European Commission in November 2013. Negotiations between the Council and the Parliament are yet to begin.

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