The recently adopted Directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings1 (hereafter: Directive on the Presumption of Innocence)2 applies exclusively to natural persons.3 This is in contrast to previously adopted directives of the Roadmap for strengthening procedural rights in criminal proceedings4 which applied to suspected or accused persons and did not explicitly exclude legal persons.5 Therefore, one could argue that legal persons could benefit from the implementation of relevant provisions of the previously adopted directives of the Roadmap6 but that they cannot infer rights from... Read more

I. Introduction Customs fraud is a growing phenomenon, which causes significant damage to the Union’s financial interests. The losses resulting from some of the most common types of customs-related fraud (i.e., misdeclaration of origin, misdescription of goods, and misuse of the transit system) are estimated at around €185 million per year.1 Under Article 325 of the TFEU, it is the responsibility of the Union – as well as its Member States – to protect the EU’s financial interests. Given the scale of the problem, coupled with the growing threat of transborder crime, the importance of combating customs fraud and ensuring... Read more

I. An Unprecedented Problem in EU Law: Inaudito reo Criminal Proceedings The right to personal participation in criminal proceedings and the problem of in absentia procedures have lain at the core of the EU legislative agenda over the last several years. Before the entry into force of the Lisbon Treaty, Framework Decision 2009/299/JHA amended, inter alia, the EAW Framework Decision, tightening the conditions under which defendants can be surrendered to other Member States in proceedings instituted in the accused’s absence.1 Although this legislative intervention also contributed to the process of indirect harmonisation of criminal procedure law, initiated under the former... Read more

I. Introduction On 9 March 2016, the European Parliament and the Council adopted Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.1 The Directive is the fourth legislative measure that has been brought to pass since the adoption, in 2009, of the Council’s Roadmap on procedural rights for suspects and accused persons. This article describes the genesis of the Directive and provides a description of its main contents. II. Genesis of the Directive 1. Background: Roadmap and Stockholm programme In November 2009, on... Read more

I. Introduction On 11 May 2016, the European Parliament and the Council adopted Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.1 The Directive is the fifth legislative measure that has been brought to pass since the adoption of the Council’s Roadmap in 2009. This article describes the genesis of the Directive and provides descriptive comments relating to selected articles. II. Genesis of the Directive 1. Background: Roadmap In November 2009, the Council (Justice and Home Affairs) adopted the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.2... Read more