Cooperación judicial y Estado de Derecho


The European Arrest Warrant (EAW) allows Member States to implement judicial decisions issued in another Member State. It applies to decisions such as arrests for the purpose of criminal prosecutions or the execution of custodial sentences. After being in force for over 20 years, FRA’s findings provide evidence for an assessment of the legislation in practice. This report looks at the fundamental rights challenges that people face who are requested through an EAW. It provides a unique insight into their experiences and those of the professionals involved. FRA’s findings indicate that shared challenges exist across EU Member States. They must increase efforts to ensure that people are able to take part in criminal proceedings and receive a fair trial.
Michael O'Flaherty introduces the July edition of FRA's bulletin on the impact for fundamental rights of Covid-19. In this vlog he talks about the important role that people play who are engaged with the promotion and the protection of human rights in these times.
The July edition of the COVID-19 bulletin will be available from 30 July.
This handbook provides an overview of key aspects of access to justice in Europe.
Fundamental Rights Report 2019: In some Member States access to justice faces challenges. Judicial independence continues to cause
concerns. Victims’ procedural rights need more effective implementation. Gaps in preventing
violence against women and domestic violence remain.
This report outlines Member States’ approaches to age requirements and limits
regarding child participation in judicial proceedings; procedural safeguards for, and rights of, children involved in criminal
proceedings; as well as issues related to depriving children of their liberty.
The right to access justice and all other relevant procedural rights are not just rights in themselves; they also protect against violations of every other right. Respect for children’s rights in the area of justice is therefore essential. International treaties, the Charter of Fundamental Rights of the European Union, European Union (EU) secondary law, and national legislation provide a number of relevant rights.
Various proposals on EU-level information systems in the areas of borders and security mention interoperability, aiming to provide fast and easy access to information about third-country nationals.
Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law.
The proposal to establish a European Public Prosecutor’s Office (EPPO), mandated to prosecute crimes against the financial interests of the European Union, raises a number of fundamental rights issues.
In relation to the European Commission proposal for a Directive on the freezing and confiscation of proceeds of crime in the European Union, the European Parliament requested advice from FRA on the extent to which confiscation of proceeds of crime could go without breaching fundamental rights.
On 14 February 2011, as requested by the European Parliament, the European Union Agency for Fundamental Rights (FRA) issued an opinion on the draft directive regarding the European Investigation Order (EIO) in criminal matters. The draft directive, aimed at mutual recognition of warrants for both existing and new evidence, is intended to replace an existing ‘fragmented regime' with a more comprehensive legislative instrument.
A fair asylum procedure is one where applicants know their rights and duties, and where they understand its different stages. The right to be informed at decisive moments of the procedure is an important element of procedural fairness. Drawing on evidence from interviews with almost 900 asylum seekers, this report examines the information that asylum seekers have on the asylum procedure. In particular, it looks at the main source of information for asylum seekers, which type of information they receive, and when and how they receive it.
Drawing on evidence from interviews with almost 900 asylum seekers, this report presents asylum-seeker experiences in submitting an appeal against a negative asylum decision. While documenting good practices, it also highlights several obstacles which make it difficult for asylum applicants to access effective remedies.
On 16 October the Swedish Presidency presented a "draft of the Stockholm Programme" that is to be adopted at the EU summit in December 2009. Following this publication, the Fundamental Rights Agency has presented the following opinion paper "FRA Comments on the Presidency Draft Stockholm Programme" available for download below.