Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides
Chapter 8: Criminal procedure in Europe’s Area of Freedom, Security and Justice: the rights of the suspect
AbstractThis chapter discusses the Directives that have been put in place for the protection of suspects and accused persons under the EU Roadmap as set out in the Stockholm Programme, focusing in particular on the practical challenges of implementing universal safeguards across different systems of criminal justice. It begins with a brief account of the, often difficult, passage of procedural safeguards into EU legislation, before discussing the approach to protections provided by the European Convention on Human Rights and developed through the jurisprudence of the European Court of Human Rights. The chapter goes on to evaluate the scope and potential impact of these measures, drawing on the findings of a recent major comparative empirical study conducted across four European jurisdictions. This provides a deeper understanding of the operation of due process safeguards in practice across different procedural traditions, and of how we might ensure that the current Directives are implemented effectively on the ground.
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