Criminal justice cooperation in the European Union after the first few “steps”: a defence view

This article discusses the protection of individuals within criminal justice cooperation procedures in the European area of freedom, security and justice. The reign of the mutual recognition principle in the criminal justice area has minimised the defence rights of suspects and of accused persons. Under the 2009 Roadmap on Procedural Rights, three directives have already been adopted, which seek to remedy this structural deficiency on a step-by-step basis. Meanwhile the Commission has recently presented a new package of Directives and Recommendations in this respect. Four areas of concern are addressed in the text from a defence perspective: the choice of forum in the case of concurring jurisdictions, the defence in the European Arrest Warrant and other judicial assistance procedures, the protection of fundamental rights under the mutual recognition instruments, the cross-border gathering and use of evidence. It is submitted that affected individuals must be given a fair chance to actively participate at the earliest possible stage in the relevant proceedings and to benefit from the assistance of a lawyer in all jurisdictions involved, while the courts must safeguard the protection of fundamental rights as well as the fairness and quality of the evidence in both the issuing and the executing state.

Journal/Publisher: ERA Forum, Volume 15, Issue 1

Publication type: Article

Number of pages/Page range: 9-24

Language/s (content): English

Date of publication: 02-06-14

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Full name Ilias ANAGNOSTOPOULOS

Current occupation Member

University/Institution National and Kapodistrian University of Athens

Address 6, Patr. Ioakeim Str.

Postal code 10674

Telephone 0030 210 7292015

Email ianagnostopoulos@iag.gr