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

Right to Information (Measure B)


Official documents

This section provides official documents detailing the history of negotiations between the EU institutions on the Directive on the right to interpretation and translation in criminal proceedings. The Directive, adopted in May 2012, was presented as a Commission proposal in July 2010. The final text was agreed between the Council and Parliament during numerous secret trilogues before subsequently being adopted after the European Parliament agreed the text at first reading.

The documents below are provided in chronological order, with the most recent first.

Press release, 26 April 2012: Council approves EU-wide minimum standards as regards the right to information in criminal proceedings

Press release from the Council on the adoption of the directive on the right to information in criminal proceedings.

  • Author: Council of the European Union
  • Document Number: 9111/12
  • Document Date: Thu, April 26, 2012
  • File: Download File
Council, 20 April 2012: ADDENDUM TO THE "I/A" ITEM NOTE from: General Secretariat of the Council to: COREPER/COUNCIL: Adoption of the legislative act - Statement

The Council makes clear the scope of the Directive: "The provisions of the Directive on the right to information in criminal proceedings do not necessarily constitute a precedent in the framework of discussions concerning other proposals for measures contained in the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings. However, overall consistency with the remaining measures shall be ensured."

  • Author: General Secretariat of the Council
  • Document Number: 7305/12 ADD 1
  • Document Date: Fri, April 20, 2012
  • File: Download File
Council, 20 April 2012: "I/A" ITEM NOTE from: General Secretariat of the Council to: COREPER/COUNCIL: Adoption of the legislative act

Provides an overview of the legislative history and invites the Permanent Representatives Committee to confirm agreement on the proposed Directive and to suggest that the Council adopt the Directive.

  • Author: General Secretariat of the Council
  • Document Number: 7305/12
  • Document Date: Fri, April 20, 2012
  • File: Download File
Council, 11 January 2012: Summary of the CATS - Council of Europe meeting, Brussels, 16 December 2011

"The Council of Europe expressed its appreciation for the progress made. It expressed appreciation for the results of the consultation process among EU and Council of Europe Secretariat which, in the field of procedural rights, has become an efficient practice, stressing its availability to continue this collaboration in the future."

  • Author: General Secretariat of the Council
  • Document Number: 5091/12
  • Document Date: Wed, January 11, 2012
  • File: Download File
Council, 19 December 2011: "I" ITEM NOTE from: Presidency to: COREPER: Declaration on the scope

The text of a statement (subsequently adopted, see 7305/12 ADD 1) on the scope of the proposed Directive.

  • Author: Presidency
  • Document Number: 18702/11
  • Document Date: Mon, December 19, 2011
  • File: Download File
Council, 19 December 2011: NOTE from: General Secretariat to: Permanent Representatives Committee/Council: Outcome of the European Parliament's first reading (Strasbourg, 12 to 15 December 2011)

"[A] number of informal contacts have taken place between the Council, the European Parliament and the Commission with a view to reaching an agreement on this dossier at first reading, thereby avoiding the need for second reading and conciliation. "In this context, the rapporteur, Birgit SIPPEL (S&D, DE) presented a single compromised amendment to the proposal for a Directive, on behalf of the Committee on Civil Liberties, Justice and Home Affairs. This amendment had been agreed during the informal contacts referred to above."

  • Author: General Secretariat of the Council
  • Document Number: 18410/11
  • Document Date: Mon, December 19, 2011
  • File: Download File
Commission, undated: Communication on the action taken on the opinions and resolutions adopted by the European Parliament at its December 2011 part-session

"The Commission finds the compromise text agreed between the co-legislators and the Declaration acceptable."

  • Author: European Commission
  • Document Number: [no number]
  • Document Date: Tue, December 20, 2011
  • File: Download File
Parliament, 13 December 2011: Legislative resolution on the proposal for a directive

"As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act".

  • Author: European Parliament
  • Document Number: P7_TA(2011)0551
  • Document Date: Tue, December 13, 2011
  • File: Download File
Council, 8 December 2011: Summary record of the meeting of the European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE), held in Brussels on 5 December 2011

Igor Dzialuk, Deputy State Secretary, Polish Ministry of Justice, hoped on behalf of the Polish Presidency that "it would be possible to reach an agreement at first reading on the proposal for a Directive on the right to information in criminal proceedings."

  • Author: General Secretariat of the Council
  • Document Number: 18372/11
  • Document Date: Thu, December 08, 2011
  • File: Download File
Parliament, 25 November 2011: Committee on Civil Liberties, Justice and Home Affairs: REPORT on the proposal for a directive

Report with proposed amendments (subsequently agreed during "informal" meetings between Council, Commission and parliament) as well as the position of Parliament's Committee on Legal Affairs (JURI).

  • Author: Committee on Civil Liberties, Justice and Home Affairs
  • Document Number: A7-0408/2011
  • Document Date: Fri, November 25, 2011
  • File: Download File
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