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.


UK caselaw

This section outlines pertinent UK caselaw in the area of EU procedural rights.



European Court of Human Rights

This section outlines pertinent ECrtHR caselaw in the area of EU procedural rights.



EU Legislation

The Directive on the right to interpretation and translation in criminal proceedings was adopted by the European Parliament and the Council of European Union with a view to implementing the principle of mutual recognition of decisions in criminal matters. The Directive lays down rules concerning the right to interpretation and translation in criminal proceedings and proceedings for the execution of a European arrest warrant. Official summaries of the legislation can be found here and here.

National implementing measures - laws and regulations passed at Member State level to implement the Directive - can be found on the Eur-Lex website. According to the European Commission's October 2014 report on monitoring the application of EU law (covering the year 2013): "16 Member States failed to transpose and/or notify within the set deadline their implementing rules under... the Directive on the right to interpretation and translation in criminal proceedings."

Background and details on legislative negotiations can be found in the official documents section.



Background

This section of the portal is designed to make it quick and easy to access information on the development of procedural rights within the European Union (EU) criminal justice framework. A number of the measures listed here were introduced following agreement on the Stockholm Programme, which outlined the European Union’s (EU) priorities for the area of justice, freedom and security for the period 2010-14. It followed the Tampere and Hague programmes. In June 2014, the Stockholm Programme was joined by a set of "strategic-guidelines" in place of a new justice and home affairs programme.



EU Legislation

The Directive on the right to information in criminal proceedings was adopted by the European Parliament and the Council of European Union with a view to implementing the principle of mutual recognition of decisions in criminal matters. The Directive lays down rules concerning the right to information of suspects or accused persons, relating to their rights in criminal proceedings and to the accusation against them. It also lays down rules concerning the right to information of persons subject to a European Arrest Warrant relating to their rights. Official summaries of the legislation can be found here and here.

National implementing measures - laws and regulations passed at Member State level to implement the Directive - can be found on the Eur-Lex website.

Background and details on legislative negotiations can be found in the official documents section.



EU Legislation

The Directive on the right of access to a lawyer in criminal proceedings, was adopted by the European Parliament and the Council of the European Union with a view to laying down minimum rules concerning the right of access to a lawyer in criminal proceedings and in proceedings for the execution of a European arrest warrant, the right to have a third party informed upon depri­vation of liberty, and the right to communicate with third persons and with consular authorities while deprived of liberty. The official summary of the legislation can be found here, but has not been updated since the legislative proposal was first published.

National implementing measures - laws and regulations passed at Member State level to implement the Directive - can be found on the Eur-Lex website.

Background and details on legislative negotiations can be found in the official documents section.



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. Further information on the right to legal aid can be found here.



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.



EU Legislation

The Commission has not yet made a legislative proposal on this issue. Background documentation can be found in the official documents section.



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.



Submissions & Publications

This section presents the reports produced by JUSTICIA European Rights Network on topics related to the right to information.



Official documents

The Commission's proposal was issued on 27 November 2013. The Council reached its "general approach" (negotiating position) in July 2014, and the Parliament's civil liberties committee in February 2015. Secret trilogue negotiations between the Council, Parliament and Commission are close to completion, with the full Parliament (plenary session) expected to vote on a final text in March 2016.



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

This section contains EU and Member State documents dealing with the development of justice policy and legislation under the 'post-Stockholm' programme.



News & Analysis

This section contains links to news articles and analyses relevant to the Directive on the Right to Access a Lawyer.



News & Analysis

This section contains links to news articles and analyses relevant to the EU proposals on Legal Aid Reform.



Submissions & Publications

This section contains publications by the JUSTICIA European Rights Network on vulnerable suspected and accused persons in the European Union.



Official Documents

The 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. An initial text was proposed by the European Commission in June 2011. In June 2012, the Council adopted its "general approach" (i.e. negotiating position), and in July 2012 the Parliament's Committee on Civil Liberties, Justice and Home Affairs adopted a negotiating position for the Parliament. Negotiations between the two institutions commenced: "Nine trilogues were held, three under Cyprus Presidency and six under Irish Presidency. Further, various technical and other informal meetings took place" (document 10190/13, 31 May 2013, below) before adoption in October 2013.

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



Official documents

The Commission published a legislative proposal on legal aid in November 2013. The Council reached its negotiating position in March 2015, and the Parliament in May 2015. Secret "trilogue" negotiations between the Commission, the Council and the Parliament are ongoing. A parliamentary vote on a text is anticipated in April 2016.



Official documents

The Commission published a Green Paper on EU criminal justice legislation and detention in June 2011. It subsequently launched a public consulation, to which numerous submissions were made and are available to view on the Commission website. Aside from a European Parliament plenary session on detention issues in the criminal justice field, there has been little further progress.



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 began life as a Commission proposal for a Framework Decision in July 2009, which was drafted after negotiations on one legal instrument incorporating a number of procedural rights, proposed in 2004, fell apart. Negotiations between the Council and the Parliament (with some input from the Council of Europe) went on until November 2009, when it became apparent that the text would have to be 'Lisbonised' due to the entry into force of the Lisbon Treaty in 1 December 2009. 13 Member States subsequently proposed a draft Directive; just months later the Commission made its own proposal. Negotiations continued on the basis of the Commission's text, and after one secret trilogue between the Council, Parliament and Commission, the final act was adopted in October 2010.

The documents below are provided in chronological order, with the most recent first. The adopted Directive can be found here.



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."



Submissions & Publications

This section presents the reports produced by JUSTICIA European Rights Network and partners on topics related to future EU justice reform.



Submissions & Publications

This section contains publications by the JUSTICIA European Rights Network and external partner organisations, all of whom work in the EU criminal justice area.



Submissions & Publications

This section presents the reports produced by JUSTICIA European Rights Network on topics related to the right interpretation and translation.



Submissions & Publications

This section contains publications by the JUSTICIA European Rights Network on legal aid in the European Union.



News & Analysis

This section contains links to news articles and analyses relevant to the Directive on the Right to Information.



Links

Links to relevant articles and consignments relating to the right to an interpreter and translation.



Case law Database

JUSTICIA European Rights Network