Library – Applying procedural rights in the EU

The right to interpretation and translation
The right to information
The right of access to a lawyer
The presumption of innocence
The right on procedural safeguards for children
The right on legal aid for suspects
The EAW
Criminal justice bodies and networks

Directive
Case Law
Papers, Reports & Links

Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280/1; 26.10.2010)

Case C 278/16 on directive 2010/64/EU on the right to interpretation in criminal proceedings, Frank Sleutjes, Judgement of the Court (Fifth Chamber), 12. October 2017

Case C-25/15 on directive 2010/64/EU on the right to interpretation in criminal proceedings, István Balogh, Judgement of the Court (Fifth Chamber), 9. June 2016

Case C-216/14 on directive 2010/64/EU on the right to interpretation in criminal proceedings, Gavril Covaci, Judgement of the Court (First Chamber), 15. October 2015

Key issues of the right to interpretation and translation

TRAINAC - Assessment, good practices and recommendations on the right to interpretation and translation, the right to information, and the right of access to a lawyer in criminal proceedings (April 2016)

FRA Rights of suspected and accused persons across the EU: translation, interpretation and information (2016)

KU Leuven Studies - CHILDREN AND JUSTICE: OVERCOMING LANGUAGE BARRIERS - Cooperation in interpreter-mediated questioning of minors (Katalin Balogh and Heidi Salaets 2015)

Report from the Commission to the European Parliament and the Council on the implementation of Directive 2010/64/EU

The impact of Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings by Liese Katschinka Eulita

Reflection Forum on Multilingualism and Interpreter Training – Final Report (2009)

Directive
Case Law
Papers, Reports & Links

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (1.6.2012; OJ L 142/1)

Case C 467/18, Rayonna prokuratura Lom, Judgment of the Court of 19 September 2019

Case C-646/17 on directive 2012/13/EU on the right to information in criminal proceedings, Gianluca Moro, Judgement of the Court (First Chamber), 13 June 2019

Case C 646/17, Gianluca Moro, Opinion of the AG Bobek, 05 February 2019

Joined Cases C‑124/16, C‑188/16 and C‑213/16 on Directive 2012/13/EU on the right to information in criminal proceedings Ianos Tranca, Tanja Reiter and Ionel Opria, Judgment of 22 March 2017 (Fifth Chamber)

Key issues of the right to information

FRA Rights of suspected and accused persons across the EU: translation, interpretation and information (2016)

Key issues of the right to information under directive 2012/13/EU by Anneli Soo, PhD

Fair Trials, Legal Experts Advisory Panel, “Right to Information Directive, The Letter of Rights; Right to Information on the Accusation; Right of Access to the Case File; Witnesses & other Non-Suspects”, Roadmap Practitioner Tools

Directive
Case Law
Papers, Reports & Links

Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294/1; 6.11.2013)

Case C-659/18 on directive 2013/48/EU on the right of access to a lawyer in criminal proceedings, VW, Final Proposal of the Advocate General, 07. November 2019

Case C-467/18 on directive 2013/48/EU on the right of access to a lawyer in criminal proceedings, EP, Judgement of the court (Third Chamber), 19. September 2019

Opinion of Advocate General Sharpston, delivered on 10 March 2016, Case C 543/14

Key issues of the right to access to a lawyer

The Irish Council for Civil Liberties, “The EU Directive on the Right of Access to a Lawyer: A Guide for Practitioners”, Pia Janning, Dublin, March 2015

Report from the Commission to the European parliament and the council on the implementation of Directive 2013/48/EU, Brussels, 26.9.2019

Directive
Case Law
Papers, Reports & Links

Directive 2016/343 of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (11.3.2016; OJ L 65/1)

Case C 377/18, AH a. o., Judgment of the Court of 05 September 2019

Case C-8/19 PPU, criminal proceedings against RH (presumption of innocence), Decision of the Court (First Chamber), 12. February 2019

Case C‑439/16 PPU, Emil Milev (presumption of innocence), Judgment of the Court (Fourth Chamber), 27 October 2016

Key issues of the right to presumption of innocence

The European Law Blog, “The Presumption of Innocence (and the Right to be present at Trial) Directive”, Stijn Lamberigts, 03 May 2016

Directive
Papers, Reports & Links

Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132 1; 21.5.2016)

Key issues of the right to procedural safeguards for children

Leiden University, „White Paper on the EU Directive 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings: Key aspects, priorities and challenges for implementation in the EU Member States”, Leiden, 2018

KU Leuven Studies - 1. Cooperation in interpreter-mediated questioning of minors (CO-MINOR-IN/QUEST)

KU Leuven Studies - 2. CO-MINOR-IN/QUEST II

KU Leuven Studies - CHILDREN AND JUSTICE: OVERCOMING LANGUAGE BARRIERS - Cooperation in interpreter-mediated questioning of minors (Katalin Balogh and Heidi Salaets 2015)

Children’s rights and child participation in criminal proceedings, Wendy De Bondt & Heleen Lauwereys

Directive
Papers, Reports & Links

Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297/1, 4.11.2016)

Key issues on the right to legal aid

ERA Forum 2019, pp. 1-5, “10 years after the Roadmap: Procedural rights in criminal proceedings in the EU today”, Cornelia Riehle and Allison Clozel, Trier, 02 September 2019

EUCRIM, Issue 1/2017, pp. 34-45, „The Directive on the Right to Legal Aid in Criminal and EAW Proceedings – Genesis and Description of the Sixth Instrument of the 2009 Roadmap”, Steven Cras, 01 April 2017

Open Society, Justice Initiative, “The European Union embraces a common Approach to legal aid”, Zaza Namoradze, 19 October 2016

Fair Trials, Legal Experts Advisory Panel, EU Directive on Legal Aid for Suspects and Accused Persons in Criminal Proceedings and for Requested Persons in European Arrest Warrant Proceedings, Transposition Toolkit

EAW Rights – Analysis of the implementation and operation of the European Arrest Warrant from the point of view of defence practitioners (November 2016)

Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ L 81/24; 27.3.2009)

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190/1; 18.7.2002, P. 1)

Court of Justice of the European Union Press Release No 68/19, German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant, Luxembourg, 27 May 2019

The Guardian Press Release: Dutch court blocks extradition of man to 'inhumane' UK prisons, 10 May 2019

CJEU Press Release No 141/18, Judgement in Case C-207/16, Ministerio Fiscal, 2 October 2018

CJEU Press Release No 135/18, Judgement in Case C-327/18 PPU RO, 19 September 2019

Case C‑268/17, AY, Judgement of the Court of 25 July 2018 (Fifth Chamber)

Case C‑220/18 PPU, ML, Judgement of the Court of 25 July 2018 (First Chamber)

Case C 216/18 PPU, LM, Judgement of the Court of 25 July 2018 (Grand Chamber)

Case C-571/17 PPU, Samet Ardic, Judgment of the court of 22 December 2017

C‑270/17 PPU, Tupikas, Judgment of the Court of 10 August 2017 (Fifth Chamber)

Case C‑271/17 PPU, Zdziaszek, Judgment of the Court of 10 August 2017 (Fifth Chamber)

Case C 579/15, Popławski, Judgement of the Court (Fifth Chamber), 29 June 2017

Case C‑640/15, Vilkas, Judgement of the Court (Third Chamber), 25 January 2017

Case C‑477/16 PPU, Kovalkovas, Judgement of the Court (Fourth Chamber), 10 November 2016

Case C‑452/16 PPU, Poltorak, Judgement of the Court (Fourth chamber), 10 November 2016

Case C‑453/16 PPU, Özçelik, Judgement of the Court (Fourth Chamber), 10 November 2016

Case C‑294/16 PPU, JZ v Śródmieście, Judgement of the Court (Fourth Chamber), 28 July 2016

Case C241/15 Bob-Dogi, Judgment of the Court (Second Chamber) of 1 June 2016

C-108/16 PPU Paweł Dworzecki, Judgment of the Court (Fourth Chamber) of 24 May 2016

Cases C‑404/15 Pál Aranyosi and C‑659/15 PPU Robert Căldăraru, Judgment of 5 April 2016

Case C-237/15 PPU Lanigan, Judgment of 16 July 2015 (Grand Chamber)

Case C-168/13 PPU Jeremy F / Premier ministre, Judgement of the court (Second Chamber), 30 May 2013

Case C-399/11 Stefano Melloni v Ministerio Fiscal, Judgment of of 26 February 2013

Case C-396/11 Ciprian Vasile Radu, Judgment of 29 January 2013

C-261/09 Mantello, Judgement of 16 November 2010

C-123/08 Wolzenburg, Judgement of 6 October 2009

C-388/08 Leymann and Pustovarov, Judgement of 1 December 2008

C-296/08 Goicoechea, Judgement of 12 August 2008

C-66/08 Szymon Kozlowski, Judgement of 17 July 2008

Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348/130, 24.12.2008, P. 130)

The EJN Website

Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Agency for Criminal Justice Cooperation (Eurojust) and replacing and repealing Council Decision 2002/1877JHA (OJ L 295/138, 21.11.2018)

The Eurojust Website

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135/53, 24.05.2016)

The Europol Website

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (“the EPPO) (OJ L 283/1, 31.10.2017)

The European Public Prosecutor's Office in the European judicial area (8614/10; 15.4.2010)

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU, EURATOM) No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) as regards cooperation with the European Public Prosecutor‘s Office and the Effectiveness of OLAF Investigations, COM(2018) 338 final, Brussels, 23 May 2018

Regulation (EU, EURATOM) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (EURATOM) No 1074/1999 (OJ L 248/1, 18.09.2013)

The OLAF Website

E-justice portal