ONLINE COURSE ON JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE MODULE I
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Transcript of ONLINE COURSE ON JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE MODULE I
Red Europea de Formación Judicial (REFJ)European Judicial Training Network (EJTN)
Réseau Européen de Formation Judiciaire (REFJ)
ONLINE COURSE ON JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE
MODULE I
“JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE”
MARCOS LOREDO COLUNGA
UNIVERSIDAD DE OVIEDO
5th Edition (2013)
MODULE IJUDICIAL COOPERATION IN CRIMINAL MATTERS IN
EUROPE
CONTENT
UNIT 1 EVOLUTION OF JUDICIAL COOPERATION IN CRIMINAL MATTERS
UNIT 2 THE CHANGE OF PARADIGM: THE PRINCIPLE OF MUTUAL
RECOGNITION AND ITS IMPLICATIONS. PERSPECTIVES FROM THE TREATY OF LISBON
UNIT 3 STRENGTHENING MUTUAL TRUST: PROCEDURAL GUARANTEES,
THE RIGHTS OF VICTIMS AND PERSONAL DATA PROTECTION
UNIT 1«EVOLUTION OF JUDICIAL COOPERATION IN
CRIMINAL MATTERS»
SUMMARY
INTRODUCTION LEGAL COOPERATION: CONCEPT, CONTENT AND BASIS PAST, PRESENT AND FUTURE OF COOPERATION IN CRIMINAL
MATTERS: COOPERATION IN THE PAST COOPERATION TODAY:
THE ONGOING NEED FOR BILATERAL ENVIRONMENTS THE CONSOLIDATION OF MULTILATERAL ENVIRONMENTS FOR THE
DEVELOPMENT OF COOPERATION: IN THE AMBIT OF THE UN, THE COUNCIL OF EUROPE AND THE EU
THE FUTURE OF COOPERATION SOURCES OF INTERNATIONAL LEGAL COOPERATION FINAL CONSIDERATIONS
INTRODUCTION
AIM OF THE UNIT: GENERAL OVERVIEW OF THE EVOLUTION AND
CURRENT STATE OF JUDICIAL COOPERATION IN CRIMINAL MATTERS
KEY POINTS: CONCEPT CONTENT BASIS EVOLUTION
1. LEGAL COOPERATION
CONCEPT
JUDICIAL COOPERATION VERSUS LEGAL COOPERATION
1. LEGAL COOPERATION
CONTENT
TRADITIONAL: PERFORMING COMMUNICATION ACTIONS OBTAINING EVIDENCE EXTRADITION
1. LEGAL COOPERATION
CONTENT
PROGRESSIVE EXTENSION: INVESTIGATION PROCEDURES ADOPTION OF INTERIM INJUNCTIONS SURRENDER OF SUBJECTS INFORMATION ON CRIMINAL RECORDS EXECUTION OF SENTENCES
1. LEGAL COOPERATION
CONTENT
INCLUSION OF POLICE COOPERATION ACTIONS WITH JUDICIAL CONTROL: JOINT INVESTIGATION TEAMS CROSS-BORDER SURVEILLANCE SPONTANEOUS TRANSFER OF INFORMATION HOT PURSUIT
1. LEGAL COOPERATION
CONTENT
EXCEEDING THE EXCLUSIVELY CRIMINAL AMBIT: JUDICIAL CONTROL OF ADMINISTRATIVE SANCTIONS INDEMNIFICATION DUE TO UNJUSTIFIED INVESTIGATION OR
SENTENCING MEASURES CLEMENCY PROCEEDINGS CIVIL ACTIONS LINKED TO CRIMINAL ONES
1. LEGAL COOPERATION
SUBJECTS INVOLVED
JUDGES AND MAGISTRATES PROSECUTORS POLICE AGENTS SPECIFIC INSTITUTIONS:
JUDICIAL NETWORKS INTERPOL, CEPOL AND EUROPOL EUROJUST LIAISON MAGISTRATES EXPERT OR CONSULTATIVE GROUPS
1. LEGAL COOPERATION
BASIS
EVOLUTION: INITIAL:
SATISFACTION OF NATIONAL INTERESTS APPLYING THE PRINCIPLE OF RECIPROCITY
BEGINNING OF 20TH CENTURY: SEARCH FOR JUSTICE ON AN INTERNATIONAL LEVEL
TODAY: PROTECTION OF THE BASIC RIGHT TO EFFECTIVE JUDICIAL
PROTECTION WITHOUT DEFENCELESSNESS
2. EVOLUTION OF COOPERATION IN CRIMINAL MATTERS
PAST ORIGINS:
DEVELOPMENT IN BILATERAL ENVIRONMENTS LIMITED ALMOST EXCLUSIVELY TO EXTRADITION SUPPORTED BY PRIOR POLITICAL UNDERSTANDING
SECOND HALF OF THE 20TH CENTURY: INITIATIVE IN THE CONTEXT OF INTERNATIONAL
ORGANISATIONS SIGNIFICANT ADVANCE DUE TO THE INCREASE IN
TRANSNATIONAL CRIME
2. EVOLUTION OF COOPERATION IN CRIMINAL MATTERS
TODAY
BILATERAL ENVIRONMENTS: ORIGINAL FRAMEWORK MAINTAINED TODAY DOUBLE UTILITY:
FACILITATES ADVANCES IN REGIONAL AMBITS PERMITS CONNECTION BETWEEN STATES FROM
DIFFERENT REGIONAL AMBITS
2. EVOLUTION OF COOPERATION IN CRIMINAL MATTERS
TODAY
MULTILATERAL ENVIRONMENTS: UN AMBIT:
DEVELOPMENT OF MULTILATERAL CONVENTIONS FIGHT AGAINST MORE SERIOUS FORMS OF
TRANSNATIONAL CRIME: CORRUPTION ORGANISED CRIME TERRORISM DRUG TRAFFICKING
2. EVOLUTION OF COOPERATION IN CRIMINAL MATTERS
TODAY
MULTILATERAL ENVIRONMENTS: COUNCIL OF EUROPE AMBIT:
SEEDS OF COOPERATION IN CRIMINAL MATTERS INSTRUMENTS OF DIFFERENT KINDS:
MULTILATERAL CONVENTIONS OPEN TO OTHER NON-EUROPEAN STATES: EXTRADITION JUDICIAL ASSISTANCE IN CRIMINAL MATTERS TRANSFER OF SENTENCED PERSONS
RECOMMENDATIONS OF THE COUNCIL OF MINISTERS
2. EVOLUTION OF COOPERATION IN CRIMINAL MATTERS
TODAY
MULTILATERAL ENVIRONMENTS: EU AMBIT:
AMBIT THAT BOASTS THE BIGGEST ADVANCES AIMED AT THE CREATION OF A COMMON SPACE OF
FREEDOM , SECURITY AND JUSTICE CHARACTERISED BY THE DEVELOPMENT OF
SPECIFIC, ORIGINAL INSTRUMENTS AND INSTITUTIONS
2. EVOLUTION OF COOPERATION IN CRIMINAL MATTERS
FUTURE
GOOD PROSPECTS IN GENERAL: SPECIAL DEVELOPMENT IN THE CONTEXT OF THE EU TENDENCY TO SURPASS REGIONAL AMBITS IMPLEMENTATION OF THE PRINCIPLE OF MUTUAL
RECOGNITION SUBSEQUENTLY TO THE HARMONISATION OF SUBSTANTIVE AND PROCEDURAL LAW
3. SOURCES OF INTERNATIONAL JUDICIAL COOPERATION
APPROACH
NON-EXHAUSTIVE LIST INSTRUMENTS WITH A DIFFERENT GEOGRAPHIC AMBIT:
UN-COUNCIL OF EUROPE-EUROPEAN UNION ORGANISED ACCORDING TO AREAS:
BASIC RIGHTS AND PROCEDURAL GUARANTEES AGENCIES AND INSTITUTIONS SECURITY AND INVESTIGATION JUDICIAL ASSISTANCE HARMONISATION OF CRIMINAL LAW
UNIT 2THE CHANGE OF PARADIGM: THE PRINCIPLE OF MUTUAL RECOGNITION AND ITS IMPLICATIONS. PERSPECTIVES FROM THE TREATY OF LISBON
CONTENTPROGRESSIVE TRANSFORMATION OF THE INSTRUMENTS OF JUDICIAL
COOPERATION IN CRIMINAL MATTERS:INTRODUCTIONFROM MAASTRICHT (1992) TO TAMPERE (1999)THE NEW PERSPECTIVES FROM THE TREATY OF LISBON(2007)
INSTRUMENTS FOR MUTUAL ASSISTANCE: BILATERAL AND MULTILATERAL CONVENTIONS
COOPERATION REQUESTSTHE COUNCIL OF EUROPE CONVENTIONSTHE CONVENTION ON THE IMPLEMENTATION OF THE SCHENGEN TREATY (CAAS)THE 2000 TREATY ON JUDICIAL ASSISTANCE IN CRIMINAL MATTERS
INTEGRATION POLICIES: HARMONISATION INSTRUMENTS AND THE PRINCIPLE OF MUTUAL RECOGNITION
COMMUNITISATION POLICIES: THE COMMON EUROPEAN SPACE OF JUSTICE. THE ROLE OF THE COURT OF JUSTICE
FINAL REFLECTION
TRANSFORMATION OF THE INSTRUMENTS
APPROACH
RELEVANCE OF THE HANDOVER FROM THE PRINCIPLE OF REQUEST TO THE PRINCIPLE OF MUTUAL RECOGNITION IN THE EU: WAIVER OF THE RIGHT TO DECIDE WAIVER OF SOVEREIGNTY OVERCOMING THE EXEQUATUR TRANSFORMATION OF THE INSTRUMENTS AND
REGULATORY SOURCES
TRANSFORMATION OF THE INSTRUMENTS
APPROACH
OBJECTIVE SCOPE OF JUDICIAL COOPERATION IN CRIMINAL MATTERS IN THE EU: OFFENCES AGAINST THE LEGAL ASSETS OF THE
EU ITSELF TRANSNATIONAL OFFENCES DOMESTIC OFFENCES WITH A FOREIGN ELEMENT
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS
MAASTRICHT TREATY: INTRODUCES THE VOCATION OF POLITICAL
INTEGRATION CONFIGURES THE COMMUNITY STRUCTURE
AROUND THREE PILLARS: COMMUNITY COMMON FOREIGN AND SECURITY POLICY COOPERATION IN JUSTICE AND HOME AFFAIRS
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS
AMSTERDAM TREATY: INTRODUCES THE AIM OF CREATING AN “AREA OF
FREEDOM, SECURITY AND JUSTICE” COMMUNITISES PART OF THE THIRD PILLAR:
FREE MOVEMENT OF PERSONS CONTROL OF EXTERNAL BORDERS ASYLUM, IMMIGRATION AND PROTECTION OF THE
RIGHTS OF CITIZENS OF THIRD STATES JUDICIAL COOPERATION IN CIVIL MATTERS
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS AMSTERDAM TREATY:
ENHANCES COOPERATION IN CRIMINAL MATTERS: FACILITATES REGULATORY APPROXIMATION IN
CRIMINAL MATTERS AND REGARDING PROCEDURAL GUARANTEES
CREATES NEW REGULATORY INSTRUMENTS: FRAMEWORK DECISIONS DECISIONS
MAINTAINS INTERGOVERNMENTAL AUTHORITY FOR DECISION-MAKING
INTRODUCE S ENHANCED COOPERATION BROADENS THE INTERPRETATIVE POWERS OF THE
COURT OF JUSTICE
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS
TAMPERE COUNCIL: MAKES IT POSSIBLE TO SURPASS THE PRINCIPLE OF
REQUEST INTRODUCE S THE PRINCIPLE OF MUTUAL RECOGNITION AS
THE “CORNERSTONE” OF COOPERATION IN BOTH CIVIL AND CRIMINAL MATTERS
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS
THE HAGUE PROGRAMME: SETS OUT THE PRIORITIES FOR ENHANCING THE
“AREA OF FREEDOM, SECURITY AND JUSTICE” ON THE BASIS OF MUTUAL TRUST: LEGISLATIVE APPROXIMATION AND CREATION OF
MINIMUM RULES OF CRIMINAL PROCEDURE RELEVANCE OF THE ACTIVITY OF EUROJUST
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS
TREATY OF LISBON: A FURTHER LANDMARK IN AN OPEN PROCESS THAT IS
CONTINUALLY EVOLVING REPLACES A FAILED TREATY ON THE EUROPEAN
CONSTITUTION LABORIOUS RATIFICATION PROCESS – IN FORCE
SINCE 1 DECEMBER 2009 INTRODUCES FAR-REACHING CHANGES IN THE
ORGANISATION AND POWERS OF THE EU
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS
TREATY OF LISBON: GUIDELINES ON JUDICIAL COOPERATION IN CRIMINAL
MATTERS: BASIS FOR THE PRINCIPLE OF MUTUAL RECOGNITION COMMUNITISATION OF THE REST OF THE THIRD PILLAR MODIFICATION OF THE NAME, ORGANISATION AND
POWERS OF THE COURT OF JUSTICE POSSIBILITY OF THE CREATION OF A EUROPEAN
PROSECUTOR’S OFFICE
TRANSFORMATION OF THE INSTRUMENTS
MAIN LANDMARKS
TREATY OF LISBON: GUIDELINES ON JUDICIAL COOPERATION IN CRIMINAL
MATTERS: PROMOTION OF SUBSTANTIVE AND PROCEDURAL
LEGISLATIVE HARMONISATION DEVELOPMENT OF THE ROLE OF EUROJUST & EUROPOL ORDINARY LEGISLATIVE PROCEDURE FOR DRAFTING
NEW REGULATORY INSTRUMENTS: REGULATIONS - DIRECTIVES – DECISIONS -
RECOMMENDATIONS - OPINIONS SPECIAL LEGISLATIVE PROCEDURE FOR MATTERS
RELATED TO OPERATIONAL COOPERATION
INSTRUMENTS FOR MUTUAL ASSISTANCE
BILATERAL CONVENTIONS STANDARD WAY OF IMPLEMENTING JUDICIAL
COOPERATION RESULT OF THE POLITICAL RELATIONS OF EACH
STATE REGULATES THE STANDARD MECHANISM THAT
RESPECTS STATE SOVEREIGNTY: REQUEST BY ONE STATE AND COMPLIANCE BY THE
OTHER TRADITIONAL SYSTEM THAT STILL EXISTS, ALBEIT
SURPASSED BY MULTILATERAL CONVENTIONS
INSTRUMENTS FOR MUTUAL ASSISTANCE
MULTILATERAL CONVENTIONS THE RESULT OF COMPLEX STRUCTURES THAT COMPRISE
INTERNATIONAL RELATIONS TODAY SEEK A MORE EFFECTIVE RESPONSE TO NEW FORMS OF
CRIME IN A GLOBALISED WORLD ARISING IN REGIONAL SPHERES AND EXTENDED TO THE
ENTIRE INTERNATIONAL COMMUNITY
INSTRUMENTS FOR MUTUAL ASSISTANCE
MULTILATERAL CONVENTIONS
SCOPE OF THE COUNCIL OF EUROPE: EUROPEAN CONVENTION ON EXTRADITION EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN
CRIMINAL MATTERS
INSTRUMENTS FOR MUTUAL ASSISTANCE
MULTILATERAL CONVENTIONS
SCOPE OF THE EU: CONVENTION ON THE IMPLEMENTATION OF THE
SCHENGEN AGREEMENT: REFERENCE TO POLICE COOPERATION COMPLETES THE COUNCIL OF EUROPE CONVENTION ON
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ENSHRINES THE PRINCIPLE OF NE BIS IN IDEM CONTAINS SPECIFIC RULES ON THE TRANSFER OF THE
ENFORCEMENT OF CRIMINAL JUDGMENTS
INSTRUMENTS FOR MUTUAL ASSISTANCE
MULTILATERAL CONVENTIONS
SCOPE OF TH EU: CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL
MATTERS: REGULATES THE USE OF CERTAIN PROCEDURES WITH
THE APPLICATION OF THE FORUM REGIT ACTUM PRINCIPLE
ENVISAGES DIRECT COMMUNICATION WITH ADDRESSEES AND THE TRANSFER OF REQUESTS AMONG AUTHORITIES
INTEGRATION POLICIES
APPROACH
COMPLEMENTARY INSTRUMENTS FOR THE CREATION OF AN “AREA OF FREEDOM, SECURITY AND JUSTICE” IN EUROPE: LEGISLATIVE HARMONISATION AS A MEANS FOR
GENERATING MUTUAL TRUST IN THE LEGAL AND JUDICIAL SYSTEMS
IMPLEMENTATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF JUDICIAL DECISIONS
INTEGRATION POLICIES
INSTRUMENTS FOR HARMONISATION
COMMUNICATION FROM THE COMMISSION ON THE RECOGNITION OF JUDICIAL DECISIONS IN CRIMINAL MATTERS
COMMUNICATION FROM THE COMMISSION ON DISQUALIFICATIONS ARISING FROM CRIMINAL CONVICTIONS IN THE EUROPEAN UNION
FRAMEWORK DECISION ON THE FIGHT AGAINST THE SEXUAL EXPLOITATION OF CHILDREN
INTEGRATION POLICIES
INSTRUMENTS FOR HARMONISATION
FRAMEWORK DECISION LAYING DOWN MINIMUM PROVISIONS ON THE CONSTITUENT ELEMENTS OF CRIMINAL ACTS AND PENALTIES IN THE FIELD OF ILLICIT DRUG TRAFFICKING
PROPOSED FRAMEWORK DECISION ON CERTAIN RIGHTS THAT SHOULD BE GUARANTEED IN CRIMINAL PROCEEDINGS
GREEN PAPER ON THE PRESUMPTION OF INNOCENCE
INTEGRATION POLICIES
PRINCIPLE OF MUTUAL RECOGNITION JUDGMENT OF THE COURT OF JUSTICE IN THE “CASSIS
DE DIJON” CASE FRAMEWORK DECISION ON THE EUROPEAN ARREST
WARRANT AND SURRENDER PROCEDURES BETWEEN MEMBER STATES
FRAMEWORK DECISION ON THE EXECUTION OF ORDERS FREEZING PROPERTY OR EVIDENCE
FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF FINANCIAL PENALTIES
INTEGRATION POLICIES
PRINCIPLE OF MUTUAL RECOGNITION
FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION TO CONFISCATION ORDERS
PROPOSED FRAMEWORK DECISION ON THE EUROPEAN SUPERVISION ORDER IN PRE-TRIAL PROCEDURES
FRAMEWORK DECISION ON ORGANISED CRIME
INTEGRATION POLICIES
PRINCIPLE OF MUTUAL RECOGNITION FRAMEWORK DECISION ON THE APPLICATION OF THE
PRINCIPLE OF MUTUAL RECOGNITION TO JUDGMENTS THAT IMPOSE CUSTODIAL SENTENCES
FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION TO JUDGMENTS AND PROBATION DECISIONS
FRAMEWORK DECISION ON THE EUROPEAN EVIDENCE WARRANT FOR OBTAINING EVIDENCE FOR USE IN PROCEEDINGS IN CRIMINAL MATTERS
INTEGRATION POLICIES
PRINCIPLE OF MUTUAL RECOGNITION FRAMEWORK DECISION ON APPLICATION OF THE
PRINCIPLE OF MUTUAL RECOGNITION TO DECISIONS RENDERED IN THE ABSENCE OF THE PERSON CONCERNED AT THE TRIAL
FRAMEWORK DECISION ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION TO DECISIONS ON SUPERVISION MEASURES
DIRECTIVE ON THE EUROPEAN PROTECTION ORDER
THE COMMUNITISATION POLICIES
THE ROLE OF THE COURT OF JUSTICE
CASE LAW ON THIRD PILLAR INSTRUMENTS: BINDING NATURE OF FRAMEWORK DECISIONS
AND OBLIGATION TO INTERPRET THEM PURSUANT TO DOMESTIC LAW
APPLICATION OF THE NE BIS IN IDEM PRINCIPLE POWER TO APPROVE CRIMINAL RULES IN THE
CONTEXT OF THE FIRST PILLAR
FINAL REFLECTION
FUTURE PROSPECTS
OPEN SITUATION AND A PROCESS OF CONTINUAL CHANGE
THE IDEA OF COOPERATION AS A BASIS FOR ACHIEVING JUSTICE IN CERTAIN LAWSUITS HAS BEEN CONSOLIDATED
PROGRESSIVE INCREASE IN COOPERATION TO AVOID PUBLIC SAFETY BEING AFFECTED AND AN UNEQUAL PROSECUTION OF CRIMES ON THE BASIS OF TERRITORIAL CRITERIA
FINAL REFLECTION
FUTURE PROSPECTS IMPORTANCE OF SPECIFIC BODIES:
ENTITIES WITH THEIR OWN LEGAL PERSONALITY: EUROJUST
INDEPENDENT BODIES INSIDE THE COMMISSION: OLAF RISK OF FORGETTING THE NEED TO SAFEGUARD
PROCEDURAL GUARANTEES THREAT OF AND “A LA CARTE” EUROPE AND MULTI-
SPEED INTEGRATION
UNIT 3: STRENGTHENING MUTUAL TRUST: PROCEDURAL GUARANTEES, THE RIGHTS OF
VICTIMS AND PERSONAL DATA PROTECTION
SUMMARY INTRODUCTION: STRENGTHENING MUTUAL TRUST THE PROCEDURAL GUARANTEES OF THE ACCUSED THE STANDING OF VICTIMS PROTECTION OF PERSONAL DATA CONCLUSIONS
STRENGTHENING MUTUAL TRUST
APPROACH AIM:
FREE MOVEMENT OF JUDICIAL DECISIONS AND REMOVAL OF THE EXEQUATUR
MECHANISM: IMPLEMENTATION PRINCIPLE OF MUTUAL RECOGNITION
PREREQUISITES: INCREASE IN MUTUAL TRUST
MEANS: STANDARD MINIMUM RULES AND PRACTICAL
HARMONISATION
STRENGTHENING MUTUAL TRUST
APPROACH ATTRIBUTING POWERS:
ARTICLES 16.2 AND 86.2 TFEU ORDINARY LEGISLATIVE INSTRUMENT:
DIRECTIVE SUBJECT MATTER (SELECTION):
GUARANTEES OF THE ACCUSED RIGHTS OF VICTIMS PERSONAL DATA PROTECTION
ROADMAP 2010-2014: STOCKHOLM PROGRAMME AND ACTION PLAN
PROCEDURAL GUARANTEES OF THE ACCUSED
APPROACH
RIGHTS ENSHRINED AT EUROPEAN LEVEL: EUROPEAN CONVENTION ON HUMAN RIGHTS EUROPEAN COURT CASE LAW
TACKLING THE QUESTION ON A COMMUNITY LEVEL: CHARTER OF FUNDAMENTAL RIGHTS OF THE EU PROPOSAL FOR A FRAMEWORK DECISION
PUSH BY THE SWEDISH PRESIDENCY IN 2009: ADOPTION OF A SPECIFIC ROADMAP INCLUSION IN THE STOCKHOLM PROGRAMME
PROCEDURAL GUARANTEES OF THE ACCUSED
CURRENT STRATEGY
INDEPENDENT TREATMENT OF AFFECTED RIGHTS: ASSISTANCE OF INTERPRETER AND TRANSLATION OF
ESSENTIAL DOCUMENTS INFORMATION ON RIGHTS AND CHARGES ASSISTANCE OF A LAWYER COMMUNICATION OF THE ARREST SPECIFIC SAFEGUARDS FOR PARTICULARLY
VULNERABLE COLLECTIVES
PROCEDURAL GUARANTEES OF THE ACCUSED
RESULTS
DIRECTIVE ON THE RIGHT TO INTERPRETATION AND TRANSLATION
PROPOSAL FOR A DIRECTIVE ON THE RIGHT TO INFORMATION
PROPOSAL FOR A DIRECTIVE ON THE RIGHT TO ACCESS TO A LAWYER AND THE RIGHT TO COMMUNICATION UPON ARREST
PROCEDURAL GUARANTEES OF THE ACCUSED
SCOPE
SUBJECTIVE: ANY PERSON INDICTED IN CRIMINAL PROCEEDINGS
OBJECTIVE: CRIMINAL PROCEEDINGS STRICTLY SPEAKING PROCEEDINGS FOR ENFORCEMENT OF A EUROPEAN
ARREST WARRANT CHALLENGE HEARD BY A CRIMINAL COURT TO
SANCTIONS IMPOSED BY ANOTHER TYPE OF COURT
PROCEDURAL GUARANTEES OF THE ACCUSED
SCOPE
TIME: FROM INFORMATION OF THE INDICTMENT OR ARREST UNTIL THE DECISION IS FINAL
TERRITORY: EXCLUSION OF DENMARK SPECIAL POSITION OF IRELAND AND THE UNITED
KINGDOM
PROCEDURAL GUARANTEES OF THE ACCUSED
CONTENT
RIGHT TO INTERPRETATION AND TRANSLATION: INTERVENTION OF AN INTERPRETER STARTING WITH
PRELIMINARY INVESTIGATION TRANSLATION OF ESSENTIAL DOCUMENTS FOR THE
TRIAL RIGHT TO INFORMATION:
RIGHTS OF INDICTED AND ARRESTED PERSONS ON INDICTMENT OR ACCUSATION
PROCEDURAL GUARANTEES OF THE ACCUSED
CONTENT
RIGHT TO THE ASSISTANCE OF A LAWYER: FREE OF CHARGE, AS THE CASE MAY BE CONFIDENTIAL INTERVIEWS WITH NO LIMIT ON
FREQUENCY OR DURATION RIGHT TO COMMUNICATION OF ARREST:
RELATIVES, EMPLOYER AND/OR CONSULAR OR DIPLOMATIC AUTHORITIES
A RESPONSIBLE ADULT IF A MINOR
STANDING OF VICTIMS
BACKGROUND FRAMEWORK DECISION ON THE STANDING OF
VICTIMS: ENSHRINES BASIC RIGHTS:
INTERVENTION IN CRIMINAL PROCEEDINGS FOR THE DUE PROTECTION OF LEGITIMATE RIGHTS AND INTERESTS
DUE RESPECT FOR PERSONAL DIGNITY AND APPROPRIATE TREATMENT FOR PARTICULARLY VULNERABLE PERSONS
DIRECTIVE ON COMPENSATION TO VICTIMS: FACILITATES ACCESS TO INDEMNIFICATION IN CROSS-
BORDER CASES
STANDING OF VICTIMS
MOST RECENT LANDMARKS
DIRECTIVE ON PREVENTING AND COMBATING TRAFFICKING IN HUMAN BEINGS: SPECIFIC MEASURES FOR THE PROTECTION OF VICTIMS
OF THIS KIND OF CRIMES
DIRECTIVE ON THE EUROPEAN PROTECTION ORDER: ALLOWS AUTOMATIC RECOGNITION OF MEASURES OF A
CRIMINAL NATURE RESTRICTING THE FREEDOM OF MOVEMENT
STANDING OF VICTIMS
FUTURE PROSPECTS
ROADMAP DESIGNED TO STRENGTHEN RIGHTS AND PROTECTION OF VICTIMS: REVIEW OF THE STANDING OF VICTIMS AND PRACTICAL
RECOMMENDATIONS IN THIS REGARD MUTUAL RECOGNITION OF PROTECTIVE MEASURES OF A
CIVIL NATURE SIMPLIFICATION OF PROCEDURES FOR CLAIMING
COMPENSATION DEALING WITH SPECIFIC NEEDS
STANDING OF VICTIMS
INSTRUMENTS CURRENTLY IN THE PIPELINE PROPOSAL FOR A DIRECTIVE TO ESTABLISH
MINIMUM STANDARDS ON RIGHTS, SUPPORT AND PROTECTION OF VICTIMS: GOES INTO THE CONTENT OF EXISTING GUARANTEES IN
GREATER DEPTH PROPOSAL FOR A REGULATION ON MUTUAL
RECOGNITION OF PROTECTIVE MEASURES IN CIVIL MATTERS : IN ORDER TO SAFEGUARD FREEDOM AND PHYSICAL OR
PSYCHOLOGICAL INTEGRITY
PROTECTION OF PERSONAL DATA
BACKGROUND
FRAMEWORK DECISION ON THE PROTECTION OF PERSONAL DATA PROCESSED IN THE FRAMEWORK OF POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS: SETS THE ESSENTIAL PRINCIPLES APPLICABLE TO
GATHERING AND PROCESSING DATA ENSHRINES THE RIGHTS OF THE INDIVIDUALS AFFECTED APPLICATION LIMITED TO THE CROSS-BORDER
EXCHANGE OF DATA
PROTECTION OF PERSONAL DATA
INITIATIVES BEING PROCESSED PROPOSAL FOR A DIRECTIVE ON THE PROCESSING
OF DATA IN THE FRAMEWORK OF CRIMINAL INVESTIGATIONS AND PROCEEDINGS: EXTENDS THE BASIC PRINCIPLES GOVERNING DATA
PROCESSING GOES INTO THE GUARANTEES OF INTERESTED PARTIES IN
GREATER DEPTH AND INCREASES THEM APPLICATION BOTH INTERNALLY AND TO CROSS-BORDER
EXCHANGES IN THE COMMUNITY SPHERE OR WITH THIRD COUNTRIES OR INTERNATIONAL BODIES
ONLINE COURSE ON JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE
MODULE I
JUDICIAL COOPERATION IN CRIMINAL MATTERS IN EUROPE
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