Procedural Safeguards - Measure E

Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

The Directive has been adopted and published on 21 May 2016. 
It sets out specific minimum rules concerning the rights of suspected or accused children in criminal proceedings to ensure that they are able to understand and follow criminal proceedings, including having access to a lawyer at all stages. It provides that children cannot waive their right to be assisted by a lawyer in key moments of the proceedings, as there is a high risk that they would not understand the consequence of their actions (Article 6). Other safeguards covered are the right to being promptly informed of their rights, having the holder of parental responsibility (or other appropriate persons) informed, and receiving medical examination if deprived of liberty (Art. 4, 5, and 8). Children have been defined by the Directive has any persons below the age of 18 (Article 3 (1)). Other categories of vulnerable suspects have not been covered by the Directive. On this point, see our reply on the proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings, 6 May 2014 and our ECBA Statement with recommendations to the Commission on Measure E of the Stockholm programme for the appropriate rights and treatment of vulnerable Suspects of 15 May 2013. 

ECBA reply on the proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings, 6 May 2014

ECBA reply on the proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings, 6 May 2014

Please click here for our response to the European Commission’s proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings, which is the result of intensive and careful consideration of the European Criminal Bar Association (ECBA) working group on Measure E, composed of 14 practitioners in criminal law from 10 countries all over Europe. It was sent on 6 May 2014 to Mrs Reding, Vice-president and Commissioner responsible for Justice, Fundamental Rights and Citizenship and to Oliver Tell, Director Unit B.1, Directorate General Justice. 

The members of the working group are Bertil Dahl (Co-Chair WG), Bugnariu Danut-Ioan, Andreas de Mariassy, Wieteke Drummen, Robert Eagar, Siobhain Egan, Mirjam Frey, George Gebbie, Robin Grey (Co-Chair WG), Eeva Heikkila, James MacGuill, Holger Matt (ECBA Chair),  Christia Middleton and Ulrich Sommer.

ECBA Statement on Measure E

Click here for a new ECBA Statement which contains the ECBA’s main recommendations to the Commission on Measure E of the Stockholm programme for the appropriate rights and treatment of vulnerable Suspects. It was sent to Mrs Reding, Vice-president and Commissioner responsible for justice, fundamental rights and citizenship and to Oliver Tell, Director Unit B.1, Directorate General Justice on 15 May 20135.

Founding of a ECBA working group

In the work on the Stockholm Programme and EU ROADMAP for Procedural Safeguards in Criminal Proceedings we will soon come to - Measure E – Special Safeguards for Suspected or Accused persons who are Vulnerable.

In order to meet the work for EU on this subject ECBA has formed a working group: Measure E – Vulnerable Suspects.

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