BETA
Home MEPs Dossiers Committees Subjects Blog About Dumps
download json


2013/0407(COD) Criminal proceedings: strengthening of certain aspects of the presumption of innocence and of the right to be present at trial

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE GRIESBECK Nathalie (icon: ALDE ALDE) GÁL Kinga (icon: PPE PPE), SIPPEL Birgit (icon: S&D S&D), UJAZDOWSKI Kazimierz Michał (icon: ECR ECR), ALBRECHT Jan Philipp (icon: Verts/ALE Verts/ALE), FERRARA Laura (icon: EFDD EFDD)
Former Responsible Committee LIBE
Committee Opinion JURI DURAND Pascal (icon: Verts/ALE Verts/ALE)
Former Committee Opinion JURI Therese COMODINI CACHIA (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
TFEU 082-p2

Events

2021/03/31
   EC - Follow-up document
Documents
COM(2021)0144
EUR-Lex
2016/03/16
   EC - Commission response to text adopted in plenary
Documents
SP(2016)191
2016/03/11
   Final act published in Official Journal
Details

PURPOSE: to ensure the right to a fair trial by setting out common minimum standards on certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.

NON-LEGISLATIVE ACT: Directive (EU) 2016/343 of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings.

CONTENT: this Directive lays down common minimum rules concerning: (a) certain aspects of the presumption of innocence in criminal proceedings; (b) the right to be present at the trial in criminal proceedings. It upholds the fundamental rights and principles recognised by the Charter and by the ECHR. It aims to enhance the right to a fair trial in criminal proceedings by laying down common minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial.

This Directive aims to strengthen the trust of Member States in each other's criminal justice systems and thus to facilitate mutual recognition of decisions in criminal matters.

Scope : this Directive applies to natural persons who are suspects or accused persons in criminal proceedings. It applies at all stages of the criminal proceedings , from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until the decision on the final determination of whether that person has committed the criminal offence concerned has become definitive.

Presumption of innocence : Member States shall ensure that suspects and accused persons are presumed innocent until proved guilty according to law .

Under this Directive:

Member States shall take the necessary measures to ensure that, for as long as a suspect or an accused person has not been proved guilty according to law, public statements made by public authorities, and judicial decisions, other than those on guilt, do not refer to that person as being guilty. This shall be without prejudice to acts of the prosecution which aim to prove the guilt of the suspect or accused person, and to preliminary decisions of a procedural nature, which are taken by judicial or other competent authorities and which are based on suspicion or incriminating evidence; public statements made by public authorities, and judicial decisions, other than those on guilt, must not refer to that person as being guilty for as long as a suspect or an accused person has not been proved guilty according to law; the competent authorities should abstain from presenting suspects or accused persons as being guilty, in court or in public, through the use of measures of physical restraint , unless the use of such measures is required for case-specific reasons, either relating to security; the burden of proof for establishing the guilt of suspects and accused persons is on the prosecution, and any doubt should benefit the suspect or accused person.

Right to remain silent and right not to incriminate oneself : the exercise by suspects and accused persons of the right to remain silent or of the right not to incriminate oneself shall not be used against them and shall not be considered to be evidence that they have committed the criminal offence concerned.

With regard to minor offences , the conduct of the proceedings, or certain stages thereof, may take place in writing or without questioning of the suspect or accused person by the competent authorities in relation to the offence concerned, provided that this complies with the right to a fair trial.

Right to be present at the trial : Member States shall ensure that suspects and accused persons have the right to be present at their trial. They may provide that a trial which can result in a decision on the guilt or innocence of a suspect or accused person can be held in his or her absence, provided that: the suspect or accused person has been informed, in due time, of the trial and of the consequences of non-appearance; or the suspect or accused person, having been informed of the trial, is represented by a mandated lawyer, who was appointed either by the suspect or accused person or by the State.

Where Member States provide for the possibility of holding trials in the absence of suspects or accused persons but it is not possible to comply with the conditions because a suspect or accused person cannot be located despite reasonable efforts having been made, Member States may provide that a decision can nevertheless be taken and enforced. In that case, Member States shall ensure that when suspects or accused persons are informed of the decision, in particular when they are apprehended, they are also informed of the possibility to challenge the decision and of the right to a new trial or to another legal remedy.

As regards the right to a new trial , Member States shall ensure that those suspects and accused persons have the right to be present, to participate effectively, in accordance with procedures under national law, and to exercise the rights of the defence.

Remedies : Member States shall ensure that suspects and accused persons have an effective remedy if their rights under this Directive are breached.

Data collection and reporting : Member States shall, by 1 April 2020 and every three years thereafter, send to the Commission available data showing how the rights laid down in this Directive have been implemented.

The Commission shall, by 1 April 2021 , submit a report on the implementation of this Directive.

ENTRY INTO FORCE: 31.3.2016.

TRANSPOSITION: 1.4.2018.

Documents
Directive 2016/343
OJ L 065 11.03.2016, p. 0001
2016/03/09
   CSL - Draft final act
Documents
00063/2015/LEX
2016/03/09
   CSL - Final act signed
2016/02/12
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2016/02/12
   EP - End of procedure in Parliament
2016/02/12
   CSL - Council Meeting
2016/01/20
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/01/20
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 577 votes to 48 with 86 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.

Parliament’s position, adopted in first reading following the ordinary legislative procedure, amended the Commission proposal as follows:

Scope: the Directive applies to natural persons who are suspects or accused persons in criminal proceedings. It applies at all stages of the criminal proceedings , from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until the decision on the final determination of whether that person has committed the criminal offence concerned has become definitive .

Legal actions and remedies that are available only once that decision has become definitive, including actions before the European Court of Human Rights, should not fall within the scope of the Directive.

Public references to guilt : public statements made by public authorities, and judicial decisions, other than those on guilt, must not refer to that person as being guilty for as long as a suspect or an accused person has not been proved guilty according to law, appropriate measures must be available in the event of a breach of the obligation.

However, the obligation not to refer to suspects or accused persons as being guilty should not prevent public authorities from publicly disseminating information on the criminal proceedings where this is strictly necessary for reasons relating to the criminal investigation, such as when video material is released and the public is asked to help in identifying the alleged perpetrator of the criminal offence or to the public interest.

Presentation of suspects and accused persons : competent authorities should abstain from presenting suspects or accused persons as being guilty, in court or in public, through the use of measures of physical restraint , such as handcuffs, glass boxes, cages and leg irons),

Member States may apply measures of physical restraint that are required for case-specific reasons, relating to security or to the prevention of suspects or accused persons from absconding or from having contact with third persons.

Burden of proof : the text states that that the burden of proof for establishing the guilt of suspects and accused persons is on the prosecution. However, in various Member States not only the prosecution, but also judges and competent courts are charged with seeking both inculpatory and exculpatory evidence . Parliament provided that Member States which do not have an adversarial system should be able to maintain their current system provided that it complies with the Directive and with other relevant provisions of Union and international law.

In addition, any doubt as to the question of guilt must be to benefit the suspect or accused person, including where the court assesses whether the person concerned should be acquitted.

Right to remain silent and right not to incriminate oneself : suspects and accused persons will have the right to remain silent in relation to the criminal offence that they are suspected or accused of having committed, and have the right not to incriminate themselves. These rights imply that competent authorities should not compel suspects or accused persons to provide information if those persons do not wish to do so.

The exercise of the right to remain silent or the right not to incriminate oneself should not be used against a suspect or accused person and should not, in itself, be considered to be evidence that the person concerned has committed the criminal offence concerned. This should be without prejudice to national rules concerning the assessment of evidence by courts or judges, provided that the rights of the defence are respected.

Judicial authorities may take into account, when sentencing, cooperative behaviour of suspects and accused persons.

Right to be present at the trial : the amended text states that it should also be possible to hold a trial which may result in a decision on guilt or innocence in the absence of a suspect or accused person where that person has been informed of the trial and has given a mandate to a lawyer who was- appointed by that person or by the State - to represent him or her at the trial and who represented the suspect or accused person.

Where Member States provide for the possibility of holding trials in the absence of suspects or accused persons but the conditions for taking a decision in the absence of a particular suspect or accused person are not met, for example because the person has fled or absconded, the amended text states that it should nevertheless be possible to take a decision in the absence of the suspect or accused person and to enforce that decision.

In that case, Member States should ensure that when suspects are informed of the decision, in particular when they are apprehended, they should also be informed of the possibility of challenging the decision and of the right to a new trial or to another legal remedy . In case of a new trial , Member States shall ensure that those suspects and accused persons have the right to be present, to participate effectively, in accordance with procedures under national law, and to exercise the rights of the defence.

Remedies: Members stipulated that in the assessment of statements made by suspects or accused persons or of evidence obtained in breach of the right to remain silent or the right not to incriminate oneself, the rights of the defence and the fairness of the proceedings must be respected.

Documents
T8-0011/2016
2016/01/19
   EP - Debate in Parliament
Documents
Debate in Parliament
2015/04/21
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Nathalie GRIESBECK (ADLE, FR) on the proposal for a directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.

The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Scope : Members specified that the Directive should apply to criminal proceedings, as well as similar proceedings of a criminal nature leading to comparable sanctions of a punitive and deterrent nature, such as deprivation of liberty, irrespective of whether or not the proceedings were classified as criminal. Suspects must be presumed innocent until proven guilty by a final decision delivered according to law, in a trial at which they have had all the safeguards necessary for their defence.

Public references to guilt before proven guilty : statements must not reflect an opinion that the person was guilty and be of such a nature as to potentially encourage the public to believe the person was guilty. Public authorities must be prohibited from providing to the media any information concerning ongoing criminal proceedings that might undermine the principle of the presumption of innocence.

In the event of a breach of those requirements, independent investigations must take place on the breach and ensure that the suspect or accused person whose right to the presumption of innocence had been violated had access to an effective remedy.

Suspects must not presented in court or in public in a manner that suggested their guilt , before final conviction.

Burden of proof : Members considered that the reversal of the burden of proof in criminal proceedings was unacceptable. The principle that the burden of proof rested with the prosecution must be left untouched. The burden of proof in establishing the guilt of suspects or accused persons is on the prosecution and any doubt is to benefit the suspect or accused person.

Use of force : Members stressed that authorities must not use coercion in order to obtain information from a suspect or an accused person. The Directive must state clearly that the use of physical or psychological violence or threats against suspects or accused persons was banned, on the grounds that it constituted a violation of the right to human dignity and the right to a fair trial.

Right not to incriminate oneself and not to cooperate : the suspect or accused persons must be informed of their right not to incriminate themselves and not to cooperate, prior to any questioning by public authorities, and prior to the suspect giving testimony in court as well as at the moment of the arrest. Exercise of the right not to incriminate oneself and not to cooperate shall never be considered as a corroboration of the facts or as a reason in itself to adopt or maintain measures which restrict liberty before the final decision on the issue of guilt is taken.

Nevertheless cooperative behaviour by the suspect or accused person might be taken into account as a mitigating factor, when deciding the actual penalty.

Right to remain silent : the report sets out what constituted in practice the exercise of the right to silence and stated that the exercise of this right must never be considered as a corroboration of the facts, nor as a reason in itself to adopt or maintain measures which restricted liberty before the final decision on the issue of guilt was taken.

Right to be present at one's trial: Members wanted to place strict limits to cases where judgment might be rendered in the absence of the accused. Accordingly, proceedings might be conducted in the absence of the accused person only if:

the accused person, after being duly informed that he or she faced trial, explicitly and unequivocally renounced the right to be present, and only if he or she were represented in the proceedings; if the offence which gave rise to the proceedings was punishable by a fine , and the suspect or accused person must always be present if the offence was punishable by a term of imprisonment.

Right to a new trial : with a view to preserving the right to a fair trial, Members established that examination of new evidence might take place. Where the suspects were not present at the trial, the person concerned had the right to a new trial which allowed a fresh determination of the merits of the case – with the opportunity to secure new evidence and, if appropriate, to call the previous evidence into question through cross-examination.

Vulnerable persons : in the implementation of the Directive the particular needs of vulnerable persons who became suspects or accused persons must be taken into account.

Report: 2 years after the deadline for transposition, the Commission shall submit a report assessing the extent to which the Member States had taken the necessary measures to comply with the Directive.

Documents
A8-0133/2015
2015/03/31
   EP - Vote in committee, 1st reading
2015/03/31
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2015/03/26
   EP - Committee opinion
Documents
PE546.831
2015/03/06
   EP - Amendments tabled in committee
Documents
PE546.821
2015/01/21
   EP - Committee draft report
Documents
PE546.756
2014/12/04
   CSL - Debate in Council
Documents
3354
2014/12/04
   CSL - Council Meeting
2014/10/20
   EP - Committee referral announced in Parliament, 1st reading
2014/10/10
   CSL - Debate in Council
Documents
3336
2014/10/10
   CSL - Council Meeting
2014/09/03
   EP - DURAND Pascal (Verts/ALE) appointed as rapporteur in JURI
2014/07/22
   EP - GRIESBECK Nathalie (ALDE) appointed as rapporteur in LIBE
2014/06/04
   CZ_SENATE - Contribution
Documents
COM(2013)0821
2014/02/26
   ES_PARLIAMENT - Contribution
Documents
COM(2013)0821
2014/02/26
   IT_CHAMBER - Contribution
Documents
COM(2013)0821
2014/02/26
   IT_SENATE - Contribution
Documents
COM(2013)0821
2014/02/04
   PT_PARLIAMENT - Contribution
Documents
COM(2013)0821
2014/01/13
   EP - Committee referral announced in Parliament, 1st reading
2013/11/27
   EC - Document attached to the procedure
Documents
EUR-Lex
SWD(2013)0478
2013/11/27
   EC - Document attached to the procedure
Documents
EUR-Lex
SWD(2013)0479
2013/11/27
   EC - Document attached to the procedure
Documents
EUR-Lex
SWD(2013)0500
2013/11/27
   EC - Legislative proposal published
Details

PURPOSE: to ensure the right to a fair trial by setting out common minimum standards on certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the Stockholm Programme put a strong focus on the strengthening of the rights of individuals in criminal proceedings. The European Council invited the Commission to consider establishing minimum procedural rights for suspects or accused persons, and to address the issue of presumption of innocence , in order to promote better cooperation in that area.

Up to now, three measures have been adopted: Directive 2010/64/EU on the right to interpretation and translation, Directive 2012/13/EU on the right to information and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings.

The proposal continues this work and is part of a series of measures on criminal justice which includes: (i) a directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings; (ii) a directive on procedural safeguards for children suspected or accused in criminal proceedings

Moreover, on 14 June 2011, the Commission published a Green Paper on the application of EU criminal justice legislation in the field of detention to reflect on ways to strengthen the application of the principle of mutual recognition in the area of detention, within the limits of the EU's competence.

The principle of presumption of innocence has been developed over the years. The European Court of Human Rights (ECtHR) has held that Article 6(2) of the ECHR encompasses three key requirements: (i) the right not to be publicly presented as convicted by public authorities before the final judgment; (ii) the fact that the burden of proof is on prosecution and that any reasonable doubts on guilt should benefit the accused; and (iii) the right of the accused to be informed of the accusation against him.

The right to be present at trial is also an essential right of defence.

IMPACT ASSESSMENT: the Commission’s analysis considers that there exist points in which legal safeguards should be improved with regard to certain aspects the presumption of innocence to strengthen this fundamental right.

CONTENT: the draft directive aims to lay down minimum rules concerning certain aspects of the right of suspects and accused persons to be presumed innocent unless proven guilty by a final judgment.

The proposal covers the following rights:

1) The right not to be presented guilty by public authorities before the final judgment : the ECtHR established as one of the basic aspects of the principle of presumption of innocence the fact that a court or public official may not publicly present the suspects or accused persons as if they were guilty of an offence if they have not been tried and convicted of it by a final judgment.

2) The burden of proof is on prosecution and any reasonable doubts on the guilt should benefit the accused: this presupposes that a court's judgment must be based on evidence as put before it and not on mere allegations or assumptions.

3) The right not to incriminate one-self and not to cooperate and the right to remain silent: these rights lie at the heart of the notion of a fair trial under Article 6 of the ECHR.

· the right not to incriminate oneself presupposes that the prosecution in a criminal case seeks to prove the case against the accused without resort to evidence obtained through methods of coercion or oppression;

· the right to remain silent must be ensured and any inferences drawn from the fact that suspects make use of this right should be excluded .

Suspects should be promptly informed of their right to remain silent. Such information should also refer to the content of the right to remain silent and of the consequences of renouncing to it and of invoking it.

4) Right to be present at one's trial : the proposal lays down this right, established by the ECtHR, of an accused to be present at the trial and also establishes limited exceptions to this right, in line with the Charter, the ECHR and EU law. It provides that Member States must ensure that the right to be present applies to any trial aiming at assessing the question of the guilt of the accused person (both conviction and acquittal decisions).

Non-regression clause : the proposal aims to ensure that setting common minimum standards does not have the effect of lowering standards in certain Member States and that the standards set in the Charter and in the ECHR are maintained.

Documents
EUR-Lex
COM(2013)0821

Documents

Activities

Votes

A8-0133/2015 - Nathalie Griesbeck - Résolution législative #

2016/01/20 Outcome: +: 577, 0: 86, -: 48
DE IT ES RO FR GB HU CZ PT PL NL BE SE BG AT EL FI HR SK IE DK LT LV SI LU EE CY MT
Total
87
70
50
32
73
71
21
20
19
45
25
20
19
16
16
21
12
11
13
9
13
8
8
7
6
6
6
6
icon: PPE PPE
209

Germany PPE

32

Italy PPE

14

Spain PPE

16

Romania PPE

12

France PPE

20

Hungary PPE

12

Czechia PPE

7

Portugal PPE

7

Poland PPE

21

Netherlands PPE

5

Belgium PPE

4

Sweden PPE

4

Bulgaria PPE

7

Austria PPE

5

Greece PPE

5

Finland PPE

2

Croatia PPE

5

Slovakia PPE

6

Ireland PPE

4

Denmark PPE

For (1)

Bendt BENDTSEN
1

Lithuania PPE

2

Latvia PPE

4

Slovenia PPE

5

Luxembourg PPE

3

Estonia PPE

For (1)

Tunne KELAM
1

Cyprus PPE

2

Malta PPE

3
icon: S&D S&D
180

Germany S&D

25

Italy S&D

29

Spain S&D

12

Romania S&D

15

France S&D

13

United Kingdom S&D

20

Hungary S&D

4

Czechia S&D

4

Portugal S&D

7

Poland S&D

3

Netherlands S&D

3

Belgium S&D

4

Sweden S&D

6

Bulgaria S&D

3

Austria S&D

5

Greece S&D

4

Finland S&D

2

Croatia S&D

2

Slovakia S&D

4

Ireland S&D

For (1)

Nessa CHILDERS
1

Denmark S&D

3

Lithuania S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

Tanja FAJON
1

Luxembourg S&D

For (1)

Mady DELVAUX
1

Estonia S&D

For (1)

Marju LAURISTIN
1

Cyprus S&D

2

Malta S&D

3
icon: ALDE ALDE
63

Germany ALDE

4

Spain ALDE

7

Romania ALDE

3

France ALDE

7

United Kingdom ALDE

1

Czechia ALDE

4

Portugal ALDE

2

Netherlands ALDE

6

Belgium ALDE

5

Sweden ALDE

3

Bulgaria ALDE

4

Finland ALDE

4

Croatia ALDE

2

Ireland ALDE

For (1)

Marian HARKIN
1

Denmark ALDE

3

Lithuania ALDE

2

Latvia ALDE

1

Luxembourg ALDE

For (1)

Charles GOERENS
1

Estonia ALDE

3
icon: Verts/ALE Verts/ALE
48

Germany Verts/ALE

12

Spain Verts/ALE

4

France Verts/ALE

6

United Kingdom Verts/ALE

Abstain (2)

Alyn SMITH, Ian HUDGHTON
6

Hungary Verts/ALE

2

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

Heidi HAUTALA
1

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

Estonia Verts/ALE

For (1)

Indrek TARAND
1
icon: GUE/NGL GUE/NGL
46

Germany GUE/NGL

5

Italy GUE/NGL

3

Spain GUE/NGL

11

France GUE/NGL

4

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2

Portugal GUE/NGL

3

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

Malin BJÖRK
1

Greece GUE/NGL

6

Finland GUE/NGL

For (1)

Merja KYLLÖNEN
1

Ireland GUE/NGL

3

Denmark GUE/NGL

For (1)

Rina Ronja KARI
1

Cyprus GUE/NGL

2
icon: EFDD EFDD
44

Italy EFDD

17

France EFDD

1

United Kingdom EFDD

22

Czechia EFDD

Abstain (1)

Petr MACH
1

Poland EFDD

1

Sweden EFDD

2
icon: NI NI
15

Germany NI

For (1)

Udo VOIGT

Against (1)

Martin SONNEBORN
2

France NI

Abstain (1)

Aymeric CHAUPRADE
3

United Kingdom NI

Abstain (1)

Diane DODDS
1

Hungary NI

3

Poland NI

Abstain (1)

Janusz KORWIN-MIKKE
1

Greece NI

5
icon: ECR ECR
70

Germany ECR

7

Italy ECR

2

Romania ECR

For (1)

Monica MACOVEI
1

United Kingdom ECR

19

Czechia ECR

2

Poland ECR

18

Netherlands ECR

2

Belgium ECR

4

Bulgaria ECR

2

Greece ECR

For (1)

Notis MARIAS
1

Finland ECR

2

Croatia ECR

Abstain (1)

Ruža TOMAŠIĆ
1

Slovakia ECR

3

Denmark ECR

Against (1)

Rikke-Louise KARLSSON
4

Lithuania ECR

Abstain (1)

Waldemar TOMASZEWSKI
1

Latvia ECR

Abstain (1)

Roberts ZĪLE
1
icon: ENF ENF
35

Italy ENF

5

Romania ENF

1

France ENF

19

United Kingdom ENF

Abstain (1)

Janice ATKINSON
1

Poland ENF

Abstain (1)

Michał MARUSIK
1

Netherlands ENF

4

Belgium ENF

Abstain (1)

Gerolf ANNEMANS
1

Austria ENF

Against (1)

Harald VILIMSKY
3
AmendmentsDossier
282 2013/0407(COD)
2014/03/25 JURI 16 amendments...
source: PE-532.333
2015/03/02 JURI 86 amendments...
source: 549.446
2015/03/06 LIBE 180 amendments...
source: 546.821

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (16) Changes | Timetravel
committees/1/rapporteur
  • name: WEBER Renate date: 2014-01-21T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/3/rapporteur
  • name: THEIN Alexandra date: 2014-01-20T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
docs/3/docs/0/url
https://www.europarl.europa.eu/doceo/document/LIBE-PR-546756_EN.html
docs/4/docs/0/url
https://www.europarl.europa.eu/doceo/document/LIBE-AM-546821_EN.html
docs/5/docs/0/url
https://www.europarl.europa.eu/doceo/document/JURI-AD-546831_EN.html
docs/9
date
2014-06-04T00:00:00
docs
url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
CZ_SENATE
docs/9
date
2014-06-05T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
CZ_SENATE
docs/10
date
2014-02-26T00:00:00
docs
url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
ES_PARLIAMENT
docs/10
date
2014-02-27T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
ES_PARLIAMENT
docs/11
date
2014-02-26T00:00:00
docs
url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
IT_CHAMBER
docs/11
date
2014-02-27T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
IT_CHAMBER
docs/12
date
2014-02-26T00:00:00
docs
url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
IT_SENATE
docs/12
date
2014-02-27T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
IT_SENATE
docs/13
date
2014-02-04T00:00:00
docs
url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
PT_PARLIAMENT
docs/13
date
2014-02-05T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821
type
Contribution
body
PT_PARLIAMENT
events/8/docs
  • url: https://www.europarl.europa.eu/doceo/document/CRE-8-2016-01-19-TOC_EN.html title: Debate in Parliament
2021-12-18Show (13) Changes | Timetravel
committees/0/shadows/3
name
DE JONG Dennis
group
European United Left - Nordic Green Left
abbr
GUE/NGL
docs/3/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.756
docs/4/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.821
docs/5/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.831&secondRef=02
docs/8
date
2021-03-31T00:00:00
docs
type
Follow-up document
body
EC
events/1/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament, 1st reading
events/3/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament, 1st reading
events/5/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee, 1st reading
events/7
date
2015-04-21T00:00:00
type
Committee report tabled for plenary, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-8-2015-0133_EN.html title: A8-0133/2015
summary
events/7
date
2015-04-21T00:00:00
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-8-2015-0133_EN.html title: A8-0133/2015
summary
events/8/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160119&type=CRE title: Debate in Parliament
events/10
date
2016-01-20T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2016-0011_EN.html title: T8-0011/2016
summary
events/10
date
2016-01-20T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-8-2016-0011_EN.html title: T8-0011/2016
summary
2020-01-19Show (11) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: GRIESBECK Nathalie date: 2014-07-22T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2014-07-22T00:00:00
rapporteur
name: GRIESBECK Nathalie group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: WEBER Renate date: 2014-01-21T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2014-01-21T00:00:00
rapporteur
name: WEBER Renate group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
rapporteur
name: DURAND Pascal date: 2014-09-03T00:00:00 group: Greens/European Free Alliance abbr: Verts/ALE
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2014-09-03T00:00:00
rapporteur
name: DURAND Pascal group: Greens/European Free Alliance abbr: Verts/ALE
committees/3
type
Former Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
rapporteur
name: THEIN Alexandra date: 2014-01-20T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/3
type
Former Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2014-01-20T00:00:00
rapporteur
name: THEIN Alexandra group: Alliance of Liberals and Democrats for Europe abbr: ALDE
docs/7/body
EC
events/7/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0133&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2015-0133_EN.html
events/10/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0011
New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0011_EN.html
2019-07-06Show (17) Changes | Timetravel
activities
  • date: 2013-11-27T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0821 title: COM(2013)0821 type: Legislative proposal published celexid: CELEX:52013PC0821:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane type: Legislative proposal published
  • date: 2014-01-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: JURI date: 2014-09-03T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: DURAND Pascal body: EP responsible: False committee: JURI date: 2014-01-20T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: THEIN Alexandra body: EP responsible: True committee: LIBE date: 2014-07-22T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: GRIESBECK Nathalie body: EP responsible: True committee: LIBE date: 2014-01-21T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: WEBER Renate
  • body: CSL meeting_id: 3336 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3336*&MEET_DATE=10/10/2014 type: Debate in Council title: 3336 council: Justice and Home Affairs (JHA) date: 2014-10-10T00:00:00 type: Council Meeting
  • date: 2014-10-20T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: JURI date: 2014-09-03T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: DURAND Pascal body: EP responsible: False committee: JURI date: 2014-01-20T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: THEIN Alexandra body: EP responsible: True committee: LIBE date: 2014-07-22T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: GRIESBECK Nathalie body: EP responsible: True committee: LIBE date: 2014-01-21T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: WEBER Renate
  • body: CSL meeting_id: 3354 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3354*&MEET_DATE=04/12/2014 type: Debate in Council title: 3354 council: Justice and Home Affairs (JHA) date: 2014-12-04T00:00:00 type: Council Meeting
  • date: 2015-03-31T00:00:00 body: unknown type: Committee decision to open interinstitutional negotiations with report adopted in committee
  • date: 2015-03-31T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: JURI date: 2014-09-03T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: DURAND Pascal body: EP responsible: False committee: JURI date: 2014-01-20T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: THEIN Alexandra body: EP responsible: True committee: LIBE date: 2014-07-22T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: GRIESBECK Nathalie body: EP responsible: True committee: LIBE date: 2014-01-21T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: WEBER Renate
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0133&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0133/2015 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: JURI date: 2014-09-03T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: DURAND Pascal body: EP responsible: False committee: JURI date: 2014-01-20T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: THEIN Alexandra body: EP responsible: True committee: LIBE date: 2014-07-22T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: GRIESBECK Nathalie body: EP responsible: True committee: LIBE date: 2014-01-21T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: WEBER Renate date: 2015-04-21T00:00:00
  • date: 2016-01-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160119&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2016-01-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0011 type: Decision by Parliament, 1st reading/single reading title: T8-0011/2016 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2016-02-12T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3445
  • date: 2016-02-12T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2016-03-09T00:00:00 body: CSL type: Final act signed
  • date: 2016-03-11T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016L0343 title: Directive 2016/343 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:065:TOC title: OJ L 065 11.03.2016, p. 0001 type: Final act published in Official Journal
commission
  • body: EC dg: Justice and Consumers commissioner: REDING Viviane
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2014-07-22T00:00:00
rapporteur
name: GRIESBECK Nathalie group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
committees/0
body
EP
responsible
False
committee
JURI
date
2014-09-03T00:00:00
committee_full
Legal Affairs
rapporteur
group: Verts/ALE name: DURAND Pascal
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2014-01-21T00:00:00
rapporteur
name: WEBER Renate group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/1
body
EP
responsible
False
committee
JURI
date
2014-01-20T00:00:00
committee_full
Legal Affairs
rapporteur
group: ALDE name: THEIN Alexandra
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2014-09-03T00:00:00
rapporteur
name: DURAND Pascal group: Greens/European Free Alliance abbr: Verts/ALE
committees/2
body
EP
responsible
True
committee
LIBE
date
2014-07-22T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: ALDE name: GRIESBECK Nathalie
committees/3
type
Former Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2014-01-20T00:00:00
rapporteur
name: THEIN Alexandra group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/3
body
EP
responsible
True
committee
LIBE
date
2014-01-21T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: ALDE name: WEBER Renate
council
  • body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3445 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3445*&MEET_DATE=12/02/2016 date: 2016-02-12T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3354 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3354*&MEET_DATE=04/12/2014 date: 2014-12-04T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3336 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3336*&MEET_DATE=10/10/2014 date: 2014-10-10T00:00:00
docs
  • date: 2013-11-27T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0478:FIN:EN:PDF title: EUR-Lex title: SWD(2013)0478 type: Document attached to the procedure body: EC
  • date: 2013-11-27T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0479:FIN:EN:PDF title: EUR-Lex title: SWD(2013)0479 type: Document attached to the procedure body: EC
  • date: 2013-11-27T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0500:FIN:EN:PDF title: EUR-Lex title: SWD(2013)0500 type: Document attached to the procedure body: EC
  • date: 2015-01-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.756 title: PE546.756 type: Committee draft report body: EP
  • date: 2015-03-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.821 title: PE546.821 type: Amendments tabled in committee body: EP
  • date: 2015-03-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE546.831&secondRef=02 title: PE546.831 committee: JURI type: Committee opinion body: EP
  • date: 2016-03-09T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00063/2015/LEX type: Draft final act body: CSL
  • date: 2016-03-16T00:00:00 docs: url: /oeil/spdoc.do?i=25590&j=0&l=en title: SP(2016)191 type: Commission response to text adopted in plenary
  • date: 2014-06-05T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821 type: Contribution body: CZ_SENATE
  • date: 2014-02-27T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821 type: Contribution body: ES_PARLIAMENT
  • date: 2014-02-27T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821 type: Contribution body: IT_CHAMBER
  • date: 2014-02-27T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821 type: Contribution body: IT_SENATE
  • date: 2014-02-05T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2013)0821 title: COM(2013)0821 type: Contribution body: PT_PARLIAMENT
events
  • date: 2013-11-27T00:00:00 type: Legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0821 title: EUR-Lex title: COM(2013)0821 summary: PURPOSE: to ensure the right to a fair trial by setting out common minimum standards on certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the Stockholm Programme put a strong focus on the strengthening of the rights of individuals in criminal proceedings. The European Council invited the Commission to consider establishing minimum procedural rights for suspects or accused persons, and to address the issue of presumption of innocence , in order to promote better cooperation in that area. Up to now, three measures have been adopted: Directive 2010/64/EU on the right to interpretation and translation, Directive 2012/13/EU on the right to information and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings. The proposal continues this work and is part of a series of measures on criminal justice which includes: (i) a directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings; (ii) a directive on procedural safeguards for children suspected or accused in criminal proceedings Moreover, on 14 June 2011, the Commission published a Green Paper on the application of EU criminal justice legislation in the field of detention to reflect on ways to strengthen the application of the principle of mutual recognition in the area of detention, within the limits of the EU's competence. The principle of presumption of innocence has been developed over the years. The European Court of Human Rights (ECtHR) has held that Article 6(2) of the ECHR encompasses three key requirements: (i) the right not to be publicly presented as convicted by public authorities before the final judgment; (ii) the fact that the burden of proof is on prosecution and that any reasonable doubts on guilt should benefit the accused; and (iii) the right of the accused to be informed of the accusation against him. The right to be present at trial is also an essential right of defence. IMPACT ASSESSMENT: the Commission’s analysis considers that there exist points in which legal safeguards should be improved with regard to certain aspects the presumption of innocence to strengthen this fundamental right. CONTENT: the draft directive aims to lay down minimum rules concerning certain aspects of the right of suspects and accused persons to be presumed innocent unless proven guilty by a final judgment. The proposal covers the following rights: 1) The right not to be presented guilty by public authorities before the final judgment : the ECtHR established as one of the basic aspects of the principle of presumption of innocence the fact that a court or public official may not publicly present the suspects or accused persons as if they were guilty of an offence if they have not been tried and convicted of it by a final judgment. 2) The burden of proof is on prosecution and any reasonable doubts on the guilt should benefit the accused: this presupposes that a court's judgment must be based on evidence as put before it and not on mere allegations or assumptions. 3) The right not to incriminate one-self and not to cooperate and the right to remain silent: these rights lie at the heart of the notion of a fair trial under Article 6 of the ECHR. · the right not to incriminate oneself presupposes that the prosecution in a criminal case seeks to prove the case against the accused without resort to evidence obtained through methods of coercion or oppression; · the right to remain silent must be ensured and any inferences drawn from the fact that suspects make use of this right should be excluded . Suspects should be promptly informed of their right to remain silent. Such information should also refer to the content of the right to remain silent and of the consequences of renouncing to it and of invoking it. 4) Right to be present at one's trial : the proposal lays down this right, established by the ECtHR, of an accused to be present at the trial and also establishes limited exceptions to this right, in line with the Charter, the ECHR and EU law. It provides that Member States must ensure that the right to be present applies to any trial aiming at assessing the question of the guilt of the accused person (both conviction and acquittal decisions). Non-regression clause : the proposal aims to ensure that setting common minimum standards does not have the effect of lowering standards in certain Member States and that the standards set in the Charter and in the ECHR are maintained.
  • date: 2014-01-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2014-10-10T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3336*&MEET_DATE=10/10/2014 title: 3336
  • date: 2014-10-20T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2014-12-04T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3354*&MEET_DATE=04/12/2014 title: 3354
  • date: 2015-03-31T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-03-31T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2015-04-21T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0133&language=EN title: A8-0133/2015 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Nathalie GRIESBECK (ADLE, FR) on the proposal for a directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings. The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Scope : Members specified that the Directive should apply to criminal proceedings, as well as similar proceedings of a criminal nature leading to comparable sanctions of a punitive and deterrent nature, such as deprivation of liberty, irrespective of whether or not the proceedings were classified as criminal. Suspects must be presumed innocent until proven guilty by a final decision delivered according to law, in a trial at which they have had all the safeguards necessary for their defence. Public references to guilt before proven guilty : statements must not reflect an opinion that the person was guilty and be of such a nature as to potentially encourage the public to believe the person was guilty. Public authorities must be prohibited from providing to the media any information concerning ongoing criminal proceedings that might undermine the principle of the presumption of innocence. In the event of a breach of those requirements, independent investigations must take place on the breach and ensure that the suspect or accused person whose right to the presumption of innocence had been violated had access to an effective remedy. Suspects must not presented in court or in public in a manner that suggested their guilt , before final conviction. Burden of proof : Members considered that the reversal of the burden of proof in criminal proceedings was unacceptable. The principle that the burden of proof rested with the prosecution must be left untouched. The burden of proof in establishing the guilt of suspects or accused persons is on the prosecution and any doubt is to benefit the suspect or accused person. Use of force : Members stressed that authorities must not use coercion in order to obtain information from a suspect or an accused person. The Directive must state clearly that the use of physical or psychological violence or threats against suspects or accused persons was banned, on the grounds that it constituted a violation of the right to human dignity and the right to a fair trial. Right not to incriminate oneself and not to cooperate : the suspect or accused persons must be informed of their right not to incriminate themselves and not to cooperate, prior to any questioning by public authorities, and prior to the suspect giving testimony in court as well as at the moment of the arrest. Exercise of the right not to incriminate oneself and not to cooperate shall never be considered as a corroboration of the facts or as a reason in itself to adopt or maintain measures which restrict liberty before the final decision on the issue of guilt is taken. Nevertheless cooperative behaviour by the suspect or accused person might be taken into account as a mitigating factor, when deciding the actual penalty. Right to remain silent : the report sets out what constituted in practice the exercise of the right to silence and stated that the exercise of this right must never be considered as a corroboration of the facts, nor as a reason in itself to adopt or maintain measures which restricted liberty before the final decision on the issue of guilt was taken. Right to be present at one's trial: Members wanted to place strict limits to cases where judgment might be rendered in the absence of the accused. Accordingly, proceedings might be conducted in the absence of the accused person only if: the accused person, after being duly informed that he or she faced trial, explicitly and unequivocally renounced the right to be present, and only if he or she were represented in the proceedings; if the offence which gave rise to the proceedings was punishable by a fine , and the suspect or accused person must always be present if the offence was punishable by a term of imprisonment. Right to a new trial : with a view to preserving the right to a fair trial, Members established that examination of new evidence might take place. Where the suspects were not present at the trial, the person concerned had the right to a new trial which allowed a fresh determination of the merits of the case – with the opportunity to secure new evidence and, if appropriate, to call the previous evidence into question through cross-examination. Vulnerable persons : in the implementation of the Directive the particular needs of vulnerable persons who became suspects or accused persons must be taken into account. Report: 2 years after the deadline for transposition, the Commission shall submit a report assessing the extent to which the Member States had taken the necessary measures to comply with the Directive.
  • date: 2016-01-19T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160119&type=CRE title: Debate in Parliament
  • date: 2016-01-20T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25590&l=en title: Results of vote in Parliament
  • date: 2016-01-20T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0011 title: T8-0011/2016 summary: The European Parliament adopted by 577 votes to 48 with 86 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings. Parliament’s position, adopted in first reading following the ordinary legislative procedure, amended the Commission proposal as follows: Scope: the Directive applies to natural persons who are suspects or accused persons in criminal proceedings. It applies at all stages of the criminal proceedings , from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until the decision on the final determination of whether that person has committed the criminal offence concerned has become definitive . Legal actions and remedies that are available only once that decision has become definitive, including actions before the European Court of Human Rights, should not fall within the scope of the Directive. Public references to guilt : public statements made by public authorities, and judicial decisions, other than those on guilt, must not refer to that person as being guilty for as long as a suspect or an accused person has not been proved guilty according to law, appropriate measures must be available in the event of a breach of the obligation. However, the obligation not to refer to suspects or accused persons as being guilty should not prevent public authorities from publicly disseminating information on the criminal proceedings where this is strictly necessary for reasons relating to the criminal investigation, such as when video material is released and the public is asked to help in identifying the alleged perpetrator of the criminal offence or to the public interest. Presentation of suspects and accused persons : competent authorities should abstain from presenting suspects or accused persons as being guilty, in court or in public, through the use of measures of physical restraint , such as handcuffs, glass boxes, cages and leg irons), Member States may apply measures of physical restraint that are required for case-specific reasons, relating to security or to the prevention of suspects or accused persons from absconding or from having contact with third persons. Burden of proof : the text states that that the burden of proof for establishing the guilt of suspects and accused persons is on the prosecution. However, in various Member States not only the prosecution, but also judges and competent courts are charged with seeking both inculpatory and exculpatory evidence . Parliament provided that Member States which do not have an adversarial system should be able to maintain their current system provided that it complies with the Directive and with other relevant provisions of Union and international law. In addition, any doubt as to the question of guilt must be to benefit the suspect or accused person, including where the court assesses whether the person concerned should be acquitted. Right to remain silent and right not to incriminate oneself : suspects and accused persons will have the right to remain silent in relation to the criminal offence that they are suspected or accused of having committed, and have the right not to incriminate themselves. These rights imply that competent authorities should not compel suspects or accused persons to provide information if those persons do not wish to do so. The exercise of the right to remain silent or the right not to incriminate oneself should not be used against a suspect or accused person and should not, in itself, be considered to be evidence that the person concerned has committed the criminal offence concerned. This should be without prejudice to national rules concerning the assessment of evidence by courts or judges, provided that the rights of the defence are respected. Judicial authorities may take into account, when sentencing, cooperative behaviour of suspects and accused persons. Right to be present at the trial : the amended text states that it should also be possible to hold a trial which may result in a decision on guilt or innocence in the absence of a suspect or accused person where that person has been informed of the trial and has given a mandate to a lawyer who was- appointed by that person or by the State - to represent him or her at the trial and who represented the suspect or accused person. Where Member States provide for the possibility of holding trials in the absence of suspects or accused persons but the conditions for taking a decision in the absence of a particular suspect or accused person are not met, for example because the person has fled or absconded, the amended text states that it should nevertheless be possible to take a decision in the absence of the suspect or accused person and to enforce that decision. In that case, Member States should ensure that when suspects are informed of the decision, in particular when they are apprehended, they should also be informed of the possibility of challenging the decision and of the right to a new trial or to another legal remedy . In case of a new trial , Member States shall ensure that those suspects and accused persons have the right to be present, to participate effectively, in accordance with procedures under national law, and to exercise the rights of the defence. Remedies: Members stipulated that in the assessment of statements made by suspects or accused persons or of evidence obtained in breach of the right to remain silent or the right not to incriminate oneself, the rights of the defence and the fairness of the proceedings must be respected.
  • date: 2016-02-12T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2016-02-12T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-03-09T00:00:00 type: Final act signed body: CSL
  • date: 2016-03-11T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to ensure the right to a fair trial by setting out common minimum standards on certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings. NON-LEGISLATIVE ACT: Directive (EU) 2016/343 of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. CONTENT: this Directive lays down common minimum rules concerning: (a) certain aspects of the presumption of innocence in criminal proceedings; (b) the right to be present at the trial in criminal proceedings. It upholds the fundamental rights and principles recognised by the Charter and by the ECHR. It aims to enhance the right to a fair trial in criminal proceedings by laying down common minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial. This Directive aims to strengthen the trust of Member States in each other's criminal justice systems and thus to facilitate mutual recognition of decisions in criminal matters. Scope : this Directive applies to natural persons who are suspects or accused persons in criminal proceedings. It applies at all stages of the criminal proceedings , from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until the decision on the final determination of whether that person has committed the criminal offence concerned has become definitive. Presumption of innocence : Member States shall ensure that suspects and accused persons are presumed innocent until proved guilty according to law . Under this Directive: Member States shall take the necessary measures to ensure that, for as long as a suspect or an accused person has not been proved guilty according to law, public statements made by public authorities, and judicial decisions, other than those on guilt, do not refer to that person as being guilty. This shall be without prejudice to acts of the prosecution which aim to prove the guilt of the suspect or accused person, and to preliminary decisions of a procedural nature, which are taken by judicial or other competent authorities and which are based on suspicion or incriminating evidence; public statements made by public authorities, and judicial decisions, other than those on guilt, must not refer to that person as being guilty for as long as a suspect or an accused person has not been proved guilty according to law; the competent authorities should abstain from presenting suspects or accused persons as being guilty, in court or in public, through the use of measures of physical restraint , unless the use of such measures is required for case-specific reasons, either relating to security; the burden of proof for establishing the guilt of suspects and accused persons is on the prosecution, and any doubt should benefit the suspect or accused person. Right to remain silent and right not to incriminate oneself : the exercise by suspects and accused persons of the right to remain silent or of the right not to incriminate oneself shall not be used against them and shall not be considered to be evidence that they have committed the criminal offence concerned. With regard to minor offences , the conduct of the proceedings, or certain stages thereof, may take place in writing or without questioning of the suspect or accused person by the competent authorities in relation to the offence concerned, provided that this complies with the right to a fair trial. Right to be present at the trial : Member States shall ensure that suspects and accused persons have the right to be present at their trial. They may provide that a trial which can result in a decision on the guilt or innocence of a suspect or accused person can be held in his or her absence, provided that: the suspect or accused person has been informed, in due time, of the trial and of the consequences of non-appearance; or the suspect or accused person, having been informed of the trial, is represented by a mandated lawyer, who was appointed either by the suspect or accused person or by the State. Where Member States provide for the possibility of holding trials in the absence of suspects or accused persons but it is not possible to comply with the conditions because a suspect or accused person cannot be located despite reasonable efforts having been made, Member States may provide that a decision can nevertheless be taken and enforced. In that case, Member States shall ensure that when suspects or accused persons are informed of the decision, in particular when they are apprehended, they are also informed of the possibility to challenge the decision and of the right to a new trial or to another legal remedy. As regards the right to a new trial , Member States shall ensure that those suspects and accused persons have the right to be present, to participate effectively, in accordance with procedures under national law, and to exercise the rights of the defence. Remedies : Member States shall ensure that suspects and accused persons have an effective remedy if their rights under this Directive are breached. Data collection and reporting : Member States shall, by 1 April 2020 and every three years thereafter, send to the Commission available data showing how the rights laid down in this Directive have been implemented. The Commission shall, by 1 April 2021 , submit a report on the implementation of this Directive. ENTRY INTO FORCE: 31.3.2016. TRANSPOSITION: 1.4.2018. docs: title: Directive 2016/343 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016L0343 title: OJ L 065 11.03.2016, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:065:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure/dossier_of_the_committee
Old
LIBE/8/00267
New
  • LIBE/8/00267
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016L0343
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016L0343
procedure/subject
Old
  • 1.10 Fundamental rights in the EU, Charter
  • 7.40.04 Judicial cooperation in criminal matters
New
1.10
Fundamental rights in the EU, Charter
7.40.04
Judicial cooperation in criminal matters
2016-03-17Show (3) Changes | Timetravel
activities/13
date
2016-03-11T00:00:00
docs
type
Final act published in Official Journal
procedure/final
url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016L0343
title
Directive 2016/343
procedure/stage_reached
Old
Procedure completed, awaiting publication in Official Journal
New
Procedure completed
2016-03-11Show (2) Changes | Timetravel
activities/12
date
2016-03-09T00:00:00
body
CSL
type
Final act signed
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
2016-02-17Show (3) Changes | Timetravel
activities/10
date
2016-02-12T00:00:00
body
CSL
type
Council Meeting
council
Economic and Financial Affairs ECOFIN
meeting_id
3445
activities/11
date
2016-02-12T00:00:00
body
EP/CSL
type
Act adopted by Council after Parliament's 1st reading
procedure/stage_reached
Old
Provisional agreement between Parliament and Council on final act
New
Awaiting signature of act
2016-01-30Show (2) Changes | Timetravel
activities/9/docs/0/text

  • The European Parliament adopted by 577 votes to 48 with 86 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.

    Parliament’s position, adopted in first reading following the ordinary legislative procedure, amended the Commission proposal as follows:

    Scope: the Directive applies to natural persons who are suspects or accused persons in criminal proceedings. It applies at all stages of the criminal proceedings, from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until the decision on the final determination of whether that person has committed the criminal offence concerned has become definitive.

    Legal actions and remedies that are available only once that decision has become definitive, including actions before the European Court of Human Rights, should not fall within the scope of the Directive.

    Public references to guilt: public statements made by public authorities, and judicial decisions, other than those on guilt, must not refer to that person as being guilty for as long as a suspect or an accused person has not been proved guilty according to law, appropriate measures must be available in the event of a breach of the obligation.

    However, the obligation not to refer to suspects or accused persons as being guilty should not prevent public authorities from publicly disseminating information on the criminal proceedings where this is strictly necessary for reasons relating to the criminal investigation, such as when video material is released and the public is asked to help in identifying the alleged perpetrator of the criminal offence or to the public interest.

    Presentation of suspects and accused persons: competent authorities should abstain from presenting suspects or accused persons as being guilty, in court or in public, through the use of measures of physical restraint, such as handcuffs, glass boxes, cages and leg irons),

    Member States may apply measures of physical restraint that are required for case-specific reasons, relating to security or to the prevention of suspects or accused persons from absconding or from having contact with third persons.

    Burden of proof: the text states that that the burden of proof for establishing the guilt of suspects and accused persons is on the prosecution. However, in various Member States not only the prosecution, but also judges and competent courts are charged with seeking both inculpatory and exculpatory evidence. Parliament provided that Member States which do not have an adversarial system should be able to maintain their current system provided that it complies with the Directive and with other relevant provisions of Union and international law.

    In addition, any doubt as to the question of guilt must be to benefit the suspect or accused person, including where the court assesses whether the person concerned should be acquitted.

    Right to remain silent and right not to incriminate oneself: suspects and accused persons will have the right to remain silent in relation to the criminal offence that they are suspected or accused of having committed, and have the right not to incriminate themselves. These rights imply that competent authorities should not compel suspects or accused persons to provide information if those persons do not wish to do so.

    The exercise of the right to remain silent or the right not to incriminate oneself should not be used against a suspect or accused person and should not, in itself, be considered to be evidence that the person concerned has committed the criminal offence concerned. This should be without prejudice to national rules concerning the assessment of evidence by courts or judges, provided that the rights of the defence are respected.

    Judicial authorities may take into account, when sentencing, cooperative behaviour of suspects and accused persons.

    Right to be present at the trial: the amended text states that it should also be possible to hold a trial which may result in a decision on guilt or innocence in the absence of a suspect or accused person where that person has been informed of the trial and has given a mandate to a lawyer who was- appointed by that person or by the State - to represent him or her at the trial and who represented the suspect or accused person.

    Where Member States provide for the possibility of holding trials in the absence of suspects or accused persons but the conditions for taking a decision in the absence of a particular suspect or accused person are not met, for example because the person has fled or absconded, the amended text states that it should nevertheless be possible to take a decision in the absence of the suspect or accused person and to enforce that decision.

    In that case, Member States should ensure that when suspects are informed of the decision, in particular when they are apprehended, they should also be informed of the possibility of challenging the decision and of the right to a new trial or to another legal remedy.  In case of a new trial, Member States shall ensure that those suspects and accused persons have the right to be present, to participate effectively, in accordance with procedures under national law, and to exercise the rights of the defence.

    Remedies: Members stipulated that in the assessment of statements made by suspects or accused persons or of evidence obtained in breach of the right to remain silent or the right not to incriminate oneself, the rights of the defence and the fairness of the proceedings must be respected.
procedure/stage_reached
Old
Awaiting Council 1st reading position / budgetary conciliation convocation
New
Provisional agreement between Parliament and Council on final act
2016-01-22Show (5) Changes | Timetravel
activities/8/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160119&type=CRE type: Debate in Parliament title: Debate in Parliament
activities/8/type
Old
Debate in plenary scheduled
New
Debate in Parliament
activities/9/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0011 type: Decision by Parliament, 1st reading/single reading title: T8-0011/2016
activities/9/type
Old
Vote in plenary scheduled
New
Decision by Parliament, 1st reading/single reading
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Awaiting Council 1st reading position / budgetary conciliation convocation
2015-12-18Show (2) Changes | Timetravel
activities/8/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Debate in plenary scheduled
activities/9
date
2016-01-20T00:00:00
body
EP
type
Vote in plenary scheduled
2015-11-21Show (1) Changes | Timetravel
activities/8/date
Old
2016-02-02T00:00:00
New
2016-01-19T00:00:00
2015-11-20Show (1) Changes | Timetravel
activities/8/date
Old
2016-03-08T00:00:00
New
2016-02-02T00:00:00
2015-11-11Show (1) Changes | Timetravel
activities/8
date
2016-03-08T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
2015-11-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52013PC0821:EN
2015-10-21Show (1) Changes | Timetravel
activities/5
date
2015-03-31T00:00:00
body
unknown
type
Committee decision to open interinstitutional negotiations with report adopted in committee
2015-06-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52013PC0821:EN
2015-05-30Show (1) Changes | Timetravel
activities/6/docs/0/text

  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Nathalie GRIESBECK (ADLE, FR) on the proposal for a directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings.

    The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

    Scope: Members specified that the Directive should apply to criminal proceedings, as well as similar proceedings of a criminal nature leading to comparable sanctions of a punitive and deterrent nature, such as deprivation of liberty, irrespective of whether or not the proceedings were classified as criminal. Suspects must be presumed innocent until proven guilty by a final decision delivered according to law, in a trial at which they have had all the safeguards necessary for their defence.

    Public references to guilt before proven guilty: statements must not reflect an opinion that the person was guilty and be of such a nature as to potentially encourage the public to believe the person was guilty. Public authorities must be prohibited from providing to the media any information concerning ongoing criminal proceedings that might undermine the principle of the presumption of innocence.

    In the event of a breach of those requirements, independent investigations must take place on the breach and ensure that the suspect or accused person whose right to the presumption of innocence had been violated had access to an effective remedy.

    Suspects must not presented in court or in public in a manner that suggested their guilt, before final conviction.

    Burden of proof: Members considered that the reversal of the burden of proof in criminal proceedings was unacceptable. The principle that the burden of proof rested with the prosecution must be left untouched. The burden of proof in establishing the guilt of suspects or accused persons is on the prosecution and any doubt is to benefit the suspect or accused person. 

    Use of force: Members stressed that authorities must not use coercion in order to obtain information from a suspect or an accused person. The Directive must state clearly that the use of physical or psychological violence or threats against suspects or accused persons was banned, on the grounds that it constituted a violation of the right to human dignity and the right to a fair trial.

    Right not to incriminate oneself and not to cooperate: the suspect or accused persons must be informed of their right not to incriminate themselves and not to cooperate, prior to any questioning by public authorities, and prior to the suspect giving testimony in court as well as at the moment of the arrest. Exercise of the right not to incriminate oneself and not to cooperate shall never be considered as a corroboration of the facts or as a reason in itself to adopt or maintain measures which restrict liberty before the final decision on the issue of guilt is taken.

    Nevertheless cooperative behaviour by the suspect or accused person might be taken into account as a mitigating factor, when deciding the actual penalty.

    Right to remain silent: the report sets out what constituted in practice the exercise of the right to silence and stated that the exercise of this right must never be considered as a corroboration of the facts, nor as a reason in itself to adopt or maintain measures which restricted liberty before the final decision on the issue of guilt was taken.

    Right to be present at one's trial: Members wanted to place strict limits to cases where judgment might be rendered in the absence of the accused. Accordingly, proceedings might be conducted in the absence of the accused person only if:

    • the accused person, after being duly informed that he or she faced trial, explicitly and unequivocally renounced the right to be present, and only if he or she were represented in the proceedings;
    • if the offence which gave rise to the proceedings was punishable by a fine, and the suspect or accused person must always be present if the offence was punishable by a term of imprisonment.

    Right to a new trial: with a view to preserving the right to a fair trial, Members established that examination of new evidence might take place. Where the suspects were not present at the trial, the person concerned had the right to a new trial which allowed a fresh determination of the merits of the case– with the opportunity to secure new evidence and, if appropriate, to call the previous evidence into question through cross-examination.

    Vulnerable persons: in the implementation of the Directive the particular needs of vulnerable persons who became suspects or accused persons must be taken into account.

    Report: 2 years after the deadline for transposition, the Commission shall submit a report assessing the extent to which the Member States had taken the necessary measures to comply with the Directive.
2015-05-27Show (1) Changes | Timetravel
links/European Commission/title
Old
PreLex
New
EUR-Lex
2015-05-20Show (1) Changes | Timetravel
procedure/subject/0
Old
1.10 Fundamental rights in the Union, Charter
New
1.10 Fundamental rights in the EU, Charter
2015-04-23Show (1) Changes | Timetravel
activities/6/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0133&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0133/2015
2015-04-22Show (2) Changes | Timetravel
activities/6
date
2015-04-21T00:00:00
body
EP
type
Committee report tabled for plenary, 1st reading/single reading
committees
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
2015-04-02Show (1) Changes | Timetravel
activities/5
date
2015-03-31T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
2014-12-06Show (2) Changes | Timetravel
activities/4
body
CSL
meeting_id
3354
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3354*&MEET_DATE=04/12/2014 type: Debate in Council title: 3354
council
Justice and Home Affairs (JHA)
date
2014-12-04T00:00:00
type
Council Meeting
other/0
body
CSL
type
Council Meeting
council
Former Council configuration
2014-11-07Show (1) Changes | Timetravel
activities/3
date
2014-10-20T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
2014-10-14Show (1) Changes | Timetravel
activities/2
body
CSL
meeting_id
3336
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3336*&MEET_DATE=10/10/2014 type: Debate in Council title: 3336
council
Justice and Home Affairs (JHA)
date
2014-10-10T00:00:00
type
Council Meeting
2014-09-09Show (4) Changes | Timetravel
activities/1/committees/0/date
2014-09-03T00:00:00
activities/1/committees/0/rapporteur
  • group: Verts/ALE name: DURAND Pascal
committees/0/date
2014-09-03T00:00:00
committees/0/rapporteur
  • group: Verts/ALE name: DURAND Pascal
2014-09-07Show (4) Changes | Timetravel
activities/1/committees/2/date
2014-07-22T00:00:00
activities/1/committees/2/rapporteur
  • group: ALDE name: GRIESBECK Nathalie
committees/2/date
2014-07-22T00:00:00
committees/2/rapporteur
  • group: ALDE name: GRIESBECK Nathalie
2014-08-27Show (4) Changes | Timetravel
activities/1/committees/1/rapporteur/0/mepref
Old
4de188ea0fb8127435bdc3ee
New
4f1adbe1b819f207b30000ec
activities/1/committees/3/rapporteur/0/mepref
Old
4de189630fb8127435bdc48f
New
4f1adc87b819f207b3000121
committees/1/rapporteur/0/mepref
Old
4de188ea0fb8127435bdc3ee
New
4f1adbe1b819f207b30000ec
committees/3/rapporteur/0/mepref
Old
4de189630fb8127435bdc48f
New
4f1adc87b819f207b3000121
2014-07-15Show (4) Changes | Timetravel
activities/1/committees/1
body
EP
responsible
False
committee
JURI
date
2014-01-20T00:00:00
committee_full
Legal Affairs
rapporteur
group: ALDE name: THEIN Alexandra
activities/1/committees/3
body
EP
responsible
True
committee
LIBE
date
2014-01-21T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: ALDE name: WEBER Renate
committees/1
body
EP
responsible
False
committee
JURI
date
2014-01-20T00:00:00
committee_full
Legal Affairs
rapporteur
group: ALDE name: THEIN Alexandra
committees/3
body
EP
responsible
True
committee
LIBE
date
2014-01-21T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: ALDE name: WEBER Renate
2014-07-07Show (9) Changes | Timetravel
activities/1/committees/0/date
2014-01-20T00:00:00
activities/1/committees/0/rapporteur
  • group: ALDE name: THEIN Alexandra
activities/1/committees/1/date
2014-01-21T00:00:00
activities/1/committees/1/rapporteur
  • group: ALDE name: WEBER Renate
committees/0/date
2014-01-20T00:00:00
committees/0/rapporteur
  • group: ALDE name: THEIN Alexandra
committees/1/date
2014-01-21T00:00:00
committees/1/rapporteur
  • group: ALDE name: WEBER Renate
procedure/dossier_of_the_committee
Old
LIBE/7/14666
New
LIBE/8/00267
2014-04-08Show (1) Changes | Timetravel
activities/0/docs/0/url
Old
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0821
New
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0821
2014-03-26Show (1) Changes | Timetravel
activities/0/docs/0/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0821
New
http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0821
2014-02-14Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52013PC0821:EN
2014-02-13Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52013PC0821:EN
2014-01-28Show (4) Changes | Timetravel
activities/1/committees/0/date
2014-01-20T00:00:00
activities/1/committees/0/rapporteur
  • group: ALDE name: THEIN Alexandra
committees/0/date
2014-01-20T00:00:00
committees/0/rapporteur
  • group: ALDE name: THEIN Alexandra
2014-01-18Show (4) Changes | Timetravel
activities/0/docs/1
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0478:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0478
activities/0/docs/2
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0479:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0479
activities/0/docs/3
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0500:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0500
activities/0/type
Old
Legislative proposal
New
Legislative proposal published
2014-01-16Show (5) Changes | Timetravel
activities/1
date
2014-01-13T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
committees/1/date
2014-01-21T00:00:00
committees/1/rapporteur
  • group: ALDE name: WEBER Renate
procedure/dossier_of_the_committee
LIBE/7/14666
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
2014-01-09Show (2) Changes | Timetravel
activities/0/commission/0
DG
Commissioner
REDING Viviane
other/0
body
EC
dg
commissioner
REDING Viviane
2013-12-17Show (1) Changes | Timetravel
activities/0/docs/0/text

  • PURPOSE: to ensure the right to a fair trial by setting out common minimum standards on certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: the Stockholm Programme put a strong focus on the strengthening of the rights of individuals in criminal proceedings. The European Council invited the Commission to consider establishing minimum procedural rights for suspects or accused persons, and to address the issue of presumption of innocence, in order to promote better cooperation in that area.

    Up to now, three measures have been adopted: Directive 2010/64/EU on the right to interpretation and translation, Directive 2012/13/EU on the right to information and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings.

    The proposal continues this work and is part of a series of measures on criminal justice which includes: (i) a directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings; (ii) a directive on procedural safeguards for children suspected or accused in criminal proceedings 

    Moreover, on 14 June 2011, the Commission published a Green Paper on the application of EU criminal justice legislation in the field of detention to reflect on ways to strengthen the application of the principle of mutual recognition in the area of detention, within the limits of the EU's competence.

    The principle of presumption of innocence has been developed over the years. The European Court of Human Rights (ECtHR) has held that Article 6(2) of the ECHR encompasses three key requirements: (i) the right not to be publicly presented as convicted by public authorities before the final judgment; (ii) the fact that the burden of proof is on prosecution and that any reasonable doubts on guilt should benefit the accused; and (iii) the right of the accused to be informed of the accusation against him.

    The right to be present at trial is also an essential right of defence.

    IMPACT ASSESSMENT: the Commission’s analysis considers that there exist points in which legal safeguards should be improved with regard to certain aspects the presumption of innocence to strengthen this fundamental right.

    CONTENT: the draft directive aims to lay down minimum rules concerning certain aspects of the right of suspects and accused persons to be presumed innocent unless proven guilty by a final judgment.

    The proposal covers the following rights:

    1) The right not to be presented guilty by public authorities before the final judgment: the ECtHR established as one of the basic aspects of the principle of presumption of innocence the fact that a court or public official may not publicly present the suspects or accused persons as if they were guilty of an offence if they have not been tried and convicted of it by a final judgment.

    2) The burden of proof is on prosecution and any reasonable doubts on the guilt should benefit the accused: this presupposes that a court's judgment must be based on evidence as put before it and not on mere allegations or assumptions.

    3) The right not to incriminate one-self and not to cooperate and the right to remain silent: these rights lie at the heart of the notion of a fair trial under Article 6 of the ECHR.

    ·        the right not to incriminate oneself presupposes that the prosecution in a criminal case seeks to prove the case against the accused without resort to evidence obtained through methods of coercion or oppression;

    ·        the right to remain silent must be ensured and any inferences drawn from the fact that suspects make use of this right should be excluded.

    Suspects should be promptly informed of their right to remain silent. Such information should also refer to the content of the right to remain silent and of the consequences of renouncing to it and of invoking it.

    4) Right to be present at one's trial: the proposal lays down this right, established by the ECtHR, of an accused to be present at the trial and also establishes limited exceptions to this right, in line with the Charter, the ECHR and EU law. It provides that Member States must ensure that the right to be present applies to any trial aiming at assessing the question of the guilt of the accused person (both conviction and acquittal decisions).

    Non-regression clause: the proposal aims to ensure that setting common minimum standards does not have the effect of lowering standards in certain Member States and that the standards set in the Charter and in the ECHR are maintained.
2013-12-14Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52013PC0821:EN
2013-12-07Show (4) Changes | Timetravel
activities/0/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0821
activities/0/docs/1
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0478:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0478
activities/0/docs/2
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0479:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0479
activities/0/docs/3
url
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0500:FIN:EN:PDF
type
Document attached to the procedure
title
SWD(2013)0500
2013-12-06Show (5) Changes
activities
  • date: 2013-11-27T00:00:00 docs: type: Legislative proposal published title: COM(2013)0821 type: Legislative proposal body: EC commission:
committees
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
European Commission
other
    procedure
    reference
    2013/0407(COD)
    subtype
    Legislation
    legal_basis
    Treaty on the Functioning of the EU TFEU 082-p2
    stage_reached
    Preparatory phase in Parliament
    instrument
    Directive
    title
    Criminal proceedings: strengthening of certain aspects of the presumption of innocence and of the right to be present at trial
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject
    @parltrack
    @parltrack@eupolicy.social
    [javascript protected email address]
    code AGPLv3.0+
    data ODBLv1.0
    site content CC-By-Sa-3.0

    ParlTrack - 2011-2024

    © European Union, 2011 – Source: European Parliament
    Hosted by AS250.net Foundation