Defendants’ rights

This factsheet focuses on the European arrest warrant and EU Member States obligations to respect fundamental rights. EU law and the European Convention on Human Rights sometimes overlap. The publication clarifies where there are similar principles in different legislation and provides examples of case law. In collaboration, the EU Agency for Fundamental Rights and the European Court of Human Rights produced this short publication. It is designed to aid lawyers and policymakers in understanding and applying the jurisprudence in this area.

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.

Every child has a right to be protected even when they are accused or suspected of committing a crime. The basic principles of justice apply to adults and children alike. But children face specific obstacles during criminal proceedings, such as a lack of understandable information about their rights, limited legal support and poor treatment. The report looks at the practical implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings in nine Member States – Austria, Belgium, Bulgaria, Germany, Estonia, Italy, Malta, Poland and Portugal.

This report looks at the practical implementation of the presumption of innocence in criminal proceedings, and related rights, in 9 EU Member States (Austria, Belgium, Bulgaria, Cyprus, Germany, Italy, Lithuania, Poland and Portugal). Article 48 of the EU Charter of Fundamental Rights guarantees the presumption of innocence – but, as FRA’s research underscores, it can be undermined in many ways.

This report looks at five core aspects of detention conditions in EU Member States: the size of cells; the amount of time detainees can spend outside of these cells, including outdoors; sanitary conditions; access to healthcare; and whether detainees are protected from violence. For each of these aspects of detention conditions, the report first summarises the minimum standards at international and European levels. It then looks at how these standards are translated into national laws and other rules of the EU Member States.

Protecting the rights of anyone suspected or accused of a crime is an essential element of the rule of law. Courts, prosecutors and police officers need certain powers to enforce the law – but trust in the outcomes of their efforts will quickly erode without effective safeguards. Such safeguards take on various forms, and include the right to certain information and to a lawyer.

EU Member States have largely implemented, and started applying, three instruments on transferring prison sentences, probation measures and alternative sanctions, as well as pre-trial supervision measures, to other Member States. This report provides an overview of their first experiences with these measures, highlighting both best practices and shortcomings.

Protecting the human rights of individuals subject to criminal proceedings is an essential element of the rule of law. Persons who are suspected or accused of crimes in countries other than their own are particularly vulnerable, making appropriate procedural safeguards especially crucial. This report reviews Member States’ legal frameworks, policies and practices regarding the important rights provided in these directives, including with respect to individuals whose needs may require additional attention, such as persons with disabilities and children.

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 possible legislative instrument supplementing the existing European Criminal Records Information System with information on third-country nationals convicted in the EU raises a number of fundamental rights issues.