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

Vulnerable Accused and Suspected Persons (Measure E)


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.

Council, 16 December 2015: Confirmation of compromise text with a view to reaching an agreement

"On 15 December 2015, during the 9th trilogue, the Presidency and representatives of the European Parliament reached agreement "ad referendum" on the final compromise text of the draft Directive. This text, which subsequently has undergone minor linguistic refinements, is set out in the Annex." The document contains the full text of the proposed compromise text and details of some substantive reservations made by Member States.

  • Author: Presidency
  • Document Number: 15272/15
  • Document Date: Wed, December 16, 2015
  • File: Download File
Council, 4 December 2015: Preparation of discussions in Coreper

"Following the Working Party on 27 November, the Presidency had technical meetings with the European Parliament and with the Commission on 2 and 3 December. The Presidency also had some bilateral contacts with Member States, and had contacts with the Council Legal Service. "Various Member States also made very helpful comments on an informal draft of the Presidency. "In the light of these meetings, contacts and comments, the Presidency established the text as set out in the Annex. Subject to refinements by delegations at the Working Party on 8 December, the Presidency intends sending this text to the meeting of Coreper on 10 December. Coreper will be invited to agree to submitting this text as an overall compromise text to the European Parliament in view of the 9th trilogue on 15 December 2015 (Strasbourg)."

  • Author: Presidency
  • Document Number: 14888/15
  • Document Date: Fri, December 04, 2015
  • File: Download File
Council, 22 October 2015: Preparation of sixth trilogue

"At the fifth trilogue on 30 September, provisional agreement was reached on Articles 4 and 19. During earlier trilogues, provisional agreement was already reached on Articles 1, 3 and 13. "Subsequently to the fifth trilogue, the Presidency (PRES) had technical meetings with the European Parliament (EP) and the Commission (COM) on 9, 15 and 16 October. During these meetings Articles 2, 5, 6, 7, 8, 10, 11, 14, 15 and 16 were discussed, and new texts were proposed. "The Presidency (PRES) submits below these new texts for discussion/approval, with the comments set out under point B."

  • Author: Luxembourg Presidency of the Council
  • Document Number: 22 October 2015
  • Document Date: Thu, October 22, 2015
  • File: Download File
Council, 20 July 2015: Draft minutes, 3396th meeting of the Council of the European Union (JUSTICE AND HOME AFFAIRS) held in Luxembourg on 15 and 16 June 2015

"The Presidency informed the Council about the state of play on the... Proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings [First reading]".

  • Author: Council of the European Union
  • Document Number: 9934/15
  • Document Date: Mon, July 20, 2015
  • File: Download File
Council, 3 July 2015: Preparation of the fourth trilogue on 14 July 2015

Mainly censored. The only information available is that which is already public: the Commission's proposal, the Council's general approach and the Parliament's negotiating position.

  • Author: Council of the European Union
  • Document Number: 10434/15
  • Document Date: Fri, July 03, 2015
  • File: Download File
Council, 26 June 2015: 2545th meeting of the PERMANENT REPRESENTATIVES COMMITTEE, held in Brussels on 9, 10 and 12 June 2015

Notes preparations for the Council meeting on 15 June 2015 and update on the state of play with the proposed Directive.

  • Author: Council of the European Union
  • Document Number: 9752/15
  • Document Date: Fri, June 26, 2015
  • File: Download File
Council, 15 June 2015: OUTCOME OF THE COUNCIL MEETING: 3396th Council meeting, Justice and Home Affairs

Minutes of a meeting of the Justice and Home Affairs Council: "The Council was informed about the state of play of a number of legislative proposals, including... the directive on procedural safeguards for children suspected or accused in criminal proceedings".

  • Author: Council of the European Union
  • Document Number: 9951/15
  • Document Date: Mon, June 15, 2015
  • File: Download File
Council, 25 March 2015: Outcome of the first trilogue and the first technical meeting / preparation of the second meeting

"The Presidency generally retains a positive impression of the two meetings, which were held in a very pleasant atmosphere. This being said, the pace of the meetings is rather low; the European Parliament clearly wants to take the negotiations regarding this Directive more slowly than the negotiations regarding the procedural rights Directives that were adopted in the recent years. It may therefore take more time before concrete results can be reported." The document contains a table containing the position of each EU institution on the text, with one column for observations from the Presidency and one containing "possible compromise" wording.

  • Author: Presidency of the Council
  • Document Number: 7503/15
  • Document Date: Wed, March 25, 2015
  • File: Download File
Council, 16 February 2015: Summary of discussions of CATS (Article 36 Committee)

"The Presidency informed the meeting about progress and developments regarding... the proposal for a Directive on procedural safeguards for children suspected or accused in criminal proceedings."

  • Author: General Secretariat of the Council
  • Document Number: 6260/15
  • Document Date: Mon, February 16, 2015
  • File: Download File
Parliament, 12 February 2015: Report of the Committee on Civil Liberties, Justice and Home Affairs

"The rapporteur endorses the aims of the proposal and the general approach taken, as well as all the main provisions, the most important of which are: the mandatory right to be assisted by a lawyer, in close connection with the right to free legal aid; the right to an individual assessment; the rules on questioning; the provision for the child to take part in the proceedings; compulsory special training for judges, law enforcement authorities and prison staff, lawyers and others who come into contact with children in their work; the provisions on detention, under which children should be held on remand only where there is no alternative, and in such cases, it must be ensured that the children are held separately from adults, except where it is in their best interests not to do so. "The rapporteur is tabling a number of amendments, which seek almost exclusively to enhance, extend, strengthen or clarify the various rights set out in the Commission proposal."

  • Author: European Parliament Committee on Civil Liberties, Justice and Home Affairs
  • Document Number: PE541.593v02-00
  • Document Date: Sun, February 15, 2015
  • File: Download File
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