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Type: Article Author: Steven Cras Clear all

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Article
The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings

The article explains the genesis and content of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused in criminal proceedings, the fifth measure of the Roadmap on procedural rights. Cras outlines the legislative negotiations and comments on selected provisions: scope and …

Published 7 years, 3 months ago
Article
The Directive on the Presumption of Innocence and the Right to Be Present at Trial

The article traces the genesis and adoption of Directive (EU) 2016/343 on the presumption of innocence and the right to be present at trial, the fourth measure under the Roadmap on procedural rights. Cras and Erbežnik outline the political debates in Council and Parliament, the …

Published 7 years, 3 months ago
Article
The Directive on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings

The article traces the genesis, negotiations, and content of Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and European Arrest Warrant (EAW) proceedings. Inspired by Salduz case law, the Directive sets detailed rules on access to a lawyer from the …

Published 7 years, 3 months ago
Article
The Directive on the Right to Information

On 22 May 2012, the European Parliament and the Council adopted Directive 2012/13/EU on the right to information in criminal proceedings. The directive is the second measure ("measure B") in application of the Roadmap on procedural rights, which was adopted by the Council in 2009. …

Published 7 years, 3 months ago
Article
The Directive on Interpretation and Translation in Criminal Proceedings

The article traces the genesis and content of Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings – the first criminal law measure adopted under the Lisbon Treaty and the initial step in the Council’s Roadmap on procedural rights. It outlines the …

Published 7 years, 3 months ago
Article
The Directive on the Right to Legal Aid in Criminal and EAW Proceedings

The article traces how Directive (EU) 2016/1919 on legal aid—adopted 26 Oct 2016—completed the 2009 Procedural Rights Roadmap. It recounts why “measure C” (access to a lawyer + legal aid) was split, the Commission’s 2013 proposal (initially focused on provisional legal aid), and the political …

Published 7 years, 3 months ago