26 Feb 2010

Towards common standards on rights of suspected and accused persons in criminal proceedings in the EU?

Mar Jimeno-Bulnes

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This paper examines the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceeding in the EU that was adopted by the Council on 30 November 2009. It begins with a brief exposition of the general policy framework for understanding the Council’s Roadmap and its connection with the Stockholm Programme, subsequently adopted by the European Council of 10/11 December 2009, which spells out the policy priorities that will guide the EU’s AFSJ for the years 2010-14. Secondly, it provides an analysis of the proposed measures contained in the Roadmap and reviews their compatibility with what should have been included according to existing European standards; here special mention is made to the European Convention of Human Rights (ECHR) and the jurisprudence of the European Court on Human Rights (ECtHR). Third, the paper offers some critical reflections addressing the provisions encapsulated by the proposed Roadmap. Finally, the author puts forward a set of policy recommendations aiming at improving a future common legislative framework on procedural rights in the EU.
The author is Professor of Procedural Law at the University of Burgos (Spain); for any correspondance Mjimeno@ubu.es.