Procedural Rights

The most up-to-date and relevant documents, press releases, academic comment, legislation, and case-law is collated and organised here in this fully-searchable central storage space. Here you can get an overall sense of the information available in the area of procedural rights or quickly find a specific document.

Stockholm Program—Swedish Procedural Rights Roadmap

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.

EU Legislation

Legislation will be adopted after the completion of negotiations between the Council and the Parliament. Background documentation can be found in the official documents section

Official documents

The Commission presented a legislative proposal on this issue on 27 November 2013. The Council reached a "general approach" (text for negotiation) in December 2014, and the Parliament's civil liberties committee adopted its own preferred position in April 2015. Secret "trilogue" negotiations between the Council, the Parliament and the Commission then began, in the hope of reaching agreement on a text that will be approved upon first reading by the Parliament as a whole (plenary meeting). A debate is expected on 19 January 2016, and a vote the day after.

The Commission's proposal has the stated aim: "to strengthen certain aspects of the right of suspects or accused persons in criminal proceedings throughout the European Union to be presumed innocent until proven guilty by a final judgment and to strengthen the right to be present at one's trial."

Case law Database

JUSTICIA European Rights Network