Regulation of procedural rights of suspect and accused person in the European Union acquis
| Autor: | Matić-Bošković Marina M. |
|---|---|
| Jazyk: | English<br />Croatian<br />Serbian |
| Rok vydání: | 2020 |
| Předmět: | |
| Zdroj: | Strani pravni život, Vol 2020, Iss 1, Pp 29-43 (2020) |
| Druh dokumentu: | article |
| ISSN: | 0039-2138 2620-1127 |
| Popis: | Last two decades EU intensifies regulation of specific criminal law matters, both substantive and procedural. Although the EU was relay on Council of Europe and its instruments, adoption of Maastricht Treaty in 1992 and Amsterdam Treaty in 1997 reveal the fact that the EU will intensify legislative activities in this area. EU legislator was focused on protection of EU interests, improvement of security and strengthening of police and judicial cooperation in criminal matters. In parallel, the Court of Justice case law and legal instruments were shaping principle of mutual recognition in criminal matters. Preconditions for mutual recognition is mutual trust, to ensures smooth implementation of foreign decisions. In addition, it was necessary to develop minimal standards for protection of suspects and accused rights, as one of the elements of fair trial. After initial failure, in 2010 member states agreed on Stockholm program and Roadmap on strengthening of procedural rights in criminal proceedings. In line with Roadmap, during 2010-2016 six directives were adopted that regulates specific rights of suspect and accused persons. In the article, author analyses scope of directives, as well as case law of Court of Justice. Adoption of directives is important for establishment of legislative framework, but member states have obligation to transpose directives and implement them in practice. Effects of the directives on rights of accused and suspect should be assessed in the future. |
| Databáze: | Directory of Open Access Journals |
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