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 5 th Edition (2013)

MODULE I JUDICIAL 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 20 TH 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 20 TH 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 2 THE CHANGE OF PARADIGM: THE PRINCIPLE OF MUTUAL RECOGNITION AND ITS IMPLICATIONS. PERSPECTIVES FROM THE TREATY OF LISBON CONTENT PROGRESSIVE TRANSFORMATION OF THE INSTRUMENTS OF JUDICIAL COOPERATION IN CRIMINAL MATTERS: INTRODUCTION FROM MAASTRICHT (1992) TO TAMPERE (1999) THE NEW PERSPECTIVES FROM THE TREATY OF LISBON(2007) INSTRUMENTS FOR MUTUAL ASSISTANCE: BILATERAL AND MULTILATERAL CONVENTIONS COOPERATION REQUESTS THE COUNCIL OF EUROPE CONVENTIONS THE 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 : 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

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