15 - Defence Rights and Effective Remedies in EU Criminal Law*

Summary

The need to make progress in the harmonisation of the rights of suspects and accused persons in criminal proceedings has become essential for the appropriate functioning of the principle of mutual recognition, laid down in Article 82 TFEU as the basis of judicial cooperation in criminal matters. This principle is founded on mutual confidence between the judicial authorities of Member States, according to which national legal systems are capable of providing equivalent and effective protection of the fundamental rights recognised at EU level, particularly in the Charter. Among these fundamental rights, the EU had to establish a common core of minimum standards protecting rights of suspects and accused persons in criminal proceedings. To this end and to implement the Stockholm Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, six directives have been adopted. They represent a reference point for procedural guarantees and should be regarded as an integral part of the protection afforded by Article 48(2) of the Charter. This chapter analyses the six directives, including the consequences of their adoption by EU institutions, the possible shortcomings experienced during their implementation in Member States, and the difficulties involved in their application by judicial authorities.