FOREWORD—what this
Report is about
In Spring 2004 the Commission proposed that minimum
safeguards for criminal proceedings be agreed by Member States.
The rights comprised in the original Framework Decision included
the right to legal assistance, the right to interpretation and
translation and the right to communicate with consular authorities.
We reported on the proposal in February 2005 and
supported this initiative. We considered that it could bring benefits
to citizens facing justice abroad and would enhance perceptions
of criminal justice systems across the EU.
Over the past 18 months negotiations have continued
with increasing opposition to the proposal emerging. As a result,
a small number of Member States, including the United Kingdom,
have put forward a draft Political Resolution for agreement instead
of the Framework Decision. The Political Resolution calls for
practical measures to improve defendants' rights in the EU. Both
options are now being considered in the Council.
This Report examines the current draft Framework
Decision and the rival Political Resolution. It considers the
changes introduced to the proposal and the reasons for Member
States' objections to the legislative instrument. In particular,
it explores the potential problems which may arise due to the
existence of procedural rights guarantees under the European Convention
on Human Rights.
We conclude that there is a need for EU action in
the field of procedural rights; the existence of the Convention
does not remove this need. The current draft Framework Decision
would, however, add little value to existing protections. Member
States should work together in a spirit of compromise to set higher
standards. While practical measures pursuant to a Political Resolution
would prove useful in the short-term and should be put in place
immediately, they do not provide an adequate long-term alternative
to legislation.
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