EU Defence Rights in Criminal Proceedings: What Remedies?

Date: 28 to 29-09-2017

Location: University of Luxembourg Faculty of Law, Economics and Finance 4, rue Alphonse Weicker L-2721 Luxembourg

Languages: English

Fees: € 0

Organiser: University of Luxembourg


Type: Conference

The effectiveness of defence rights granted by EU legal instruments does not simply rely on their correct implementation under national law, but also depends on the existence of enforcement and control mechanisms. Although the recently adopted directives harmonizing the rights of the suspects and accused persons in criminal proceedings impose remedial obligations on the Member States, the different structure and scope of judicial review under national law might undermine the justiciability of procedural safeguards granted by EU law. Divergences among national criminal justice systems raise further challenges in the field of cross-border cooperation. However, the scope of the right to judicial review has not been fully clarified at the supranational level, despite the recent and meaningful case law of the European Courts. By adopting a comparative approach, the conference will bring together international experts with the aim to achieve a better understanding of the structures and the functioning of judicial remedies across Europe. The ultimate goal of the discussion is to identify standards for effective judicial review within the EU criminal justice area.