Breaking the deadlock: what future for
EU procedural rights?
CHAPTER 1: INTRODUCTION
1. The Commission proposal for a Framework Decision
on certain procedural rights in criminal proceedings throughout
the European Union was published in April 2004.[1]
It was welcomed as "a positive step to develop standards
and consistency to protect the rights of individuals in the European
judicial area"[2]
and a "vital first step towards redressing the current imbalance
in favour of prosecution-led measures".[3]
2. Sub-Committee E (Law and Institutions) undertook
an inquiry on the proposed Framework Decision and the Select Committee
published a Report on the proposal in February 2005.[4]
In that Report we welcomed this initiative, recognising that minimum
standards have an important role to play in enhancing mutual trust
and confidence and improving public perception of criminal procedures
in the Member States.[5]
We called on the Government to ensure that negotiations on the
Framework Decision resulted in truly "something worthwhile";
we opposed any further watering down of the proposal.[6]
3. Following publication of our Report, Sub-Committee
E continued to examine the progress of negotiations on this proposal
as part of our general scrutiny function. Over the past year substantial
opposition to the Framework Decision has emerged, culminating
in the proposal in April 2006 by a small group of Member States,
including the United Kingdom, for a non-binding Resolution coupled
with practical measures instead of a legislative instrument.
4. We decided to explore in more detail the reasons
behind the increasing opposition to the Framework Decision, and
to look in particular at why the Government have withdrawn their
support for the proposal. We heard evidence from the Attorney
General, Lord Goldsmith, on 25 October 2006. The Attorney General's
oral evidence and supplementary written evidence is published
with this Report.
5. This Report is made to the House for information.
1 COM (2004) 328, adopted 28 April 2004, Brussels. Back
2
Evidence of EUROJUST published with Procedural Rights in Criminal
Proceedings, 1st Report of Session 2004-2005, HL Paper 28,
at page 109. Back
3
Evidence of JUSTICE published with Procedural Rights in Criminal
Proceedings at page 30. Back
4
Procedural Rights in Criminal Proceedings, 1st Report of
Session 2004-2005, HL Paper 28, published 7 February 2005. Back
5
Report, paragraph 200. Back
6
Report, paragraph 202. Back
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