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Date: 20. - 22.02.2007
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Venue: Berlin
- Type of event: Conference
In 1999, the European Council adopted the principle of mutual recognition as the cornerstone of co-operation in criminal and civil matters in the EU. This principle is based on the idea of the equivalent authority of judicial decisions taken by judges in any EU Member State, implying mutual trust in one another’s decisions. The Hague Programme of 2004 reaffirmed the mutual recognition principle and called for measures to secure and strengthen it, including the establishment of minimum safeguards for persons facing criminal investigation.
The Commission’s proposal for a Framework Decision on certain procedural rights in criminal proceedings throughout the EU is to be understood in this context (see COM (2004) 328 final). A number of problems are however being encountered in negotiation of this proposal.
The symposium will discuss the problems faced in relation to the Commission’s proposal. An in-depth legal debate is envisaged in order to explain the need for more closely defined common rights in criminal proceedings. The legal and practical consequences of adoption of the measure will be discussed, in particular the advantages which would accrue in terms of fair trial concepts. The relationship between the Framework Decision and the European Convention on Human Rights has been a major point of contention in Council discussions; expert comment will also be invited on this issue.
