An evaluation of the EU Roadmap on criminal procedural rights from both a substantive and governance perspective

Willems, Auke (2013) An evaluation of the EU Roadmap on criminal procedural rights from both a substantive and governance perspective. LL.M(R) thesis, University of Glasgow.

Abstract

This thesis examines the key elements of the EU policy on criminal procedural safeguards as set out by the Roadmap on Criminal Procedural Rights. This is done from both a substantial and an instrumental perspective.
The thesis first outlines the developments prior to the Roadmap and identifies why agreement was never reached on an EU wide instrument. Subsequently the needs for EU involvement in this field are presented by pointing to the shortcomings in the various national legal systems as well as in the overarching ‘Strasbourg’ system.
The first and most important part of the thesis thoroughly analyses the content of the instruments contained in the Roadmap and makes a textual comparison with the ECHR in order to get an understanding of how the rights presented by the Roadmap can add to existing levels of safeguards.
The second part of the thesis examines what the value of the EU policy on procedural safeguards is for the successful application of ‘mutual recognition’ in criminal cooperation. The research outcomes are that the instruments as set out by the Roadmap have great potential under the current legal framework as introduced by the Lisbon Treaty and that the application of ‘mutual recognition’ can be enhanced by a strong set of EU wide safeguards. Condition for both these premises is that the ongoing implementation of the first two instruments and negotiations for the third instrument have to be taken seriously by the Member States and only a high level of safeguards will lead to defence rights at EU level that are not only more visible but also practical and effective. The outcome of the first two measures adopted in accordance with the Roadmap provides us with the hope that this high level of protection will also be achieved in the future instruments.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Keywords: EU criminal law, criminal procedural safeguards, ECHR, EU Roadmap on criminal procedural rights.
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Fletcher, Dr. Maria and Noreen, Professor Burrows
• Date of Award: 2013
• Depositing User: Mr Auke Willems
• Unique ID: glathesis:2013-3845
• Date Deposited: 26 Feb 2013 16:29
• Last Modified: 28 Feb 2013 10:49
• URI: https://theses.gla.ac.uk/id/eprint/3845