Directive 2012/13 - Right to information in criminal proceedings

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This page contains a limited version of this dossier in the EU Monitor.

Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive has been published on June  1, 2012, entered into force on June 21, 2012 and should have been implemented in national regulation on June  2, 2014 at the latest.

2.

Key information

official title

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings
 
Legal instrument Directive
Number legal act Directive 2012/13
Original proposal COM(2010)392 EN
CELEX number109 32012L0013

3.

Key dates

Document 22-05-2012
Publication in Official Journal 01-06-2012; OJ L 142, 1.6.2012,Special edition in Croatian: Chapter 19 Volume 015
Effect 21-06-2012; Entry into force Date pub. +20 See Art 13
End of validity 31-12-9999
Transposition 02-06-2014; At the latest See Art 11

4.

Legislative text

1.6.2012   

EN

Official Journal of the European Union

L 142/1
 

DIRECTIVE 2012/13/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 May 2012

on the right to information in criminal proceedings

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

 

(1)

The Union has set itself the objective of maintaining and developing an area of freedom, security and justice. According to the Presidency Conclusions of the European Council in Tampere of 15 and 16 October 1999, and in particular point 33 thereof, the principle of mutual recognition of judgments and other decisions of judicial authorities should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union because enhanced mutual recognition and the necessary approximation of legislation would facilitate cooperation between competent authorities and the judicial protection of individual rights.
 

(2)

On 29 November 2000, the Council, in accordance with the Tampere conclusions, adopted a programme of measures to implement the principle of mutual recognition of decisions in criminal matters (3). The introduction to the programme states that mutual recognition is ‘designed to strengthen cooperation between Member States but also to enhance the protection of individual rights’.
 

(3)

The implementation of the principle of mutual recognition of decisions in criminal matters presupposes that Member States trust in each other’s criminal justice systems. The extent of mutual recognition is very much dependent on a number of parameters, which include mechanisms for safeguarding the rights of suspects or accused persons and common minimum standards necessary to facilitate the application of the principle of mutual recognition.
 

(4)

Mutual recognition of decisions in criminal matters can operate effectively only in a spirit of trust in which not only judicial authorities but all actors in the criminal process consider decisions of the judicial authorities of other Member States as equivalent to their own, implying not only trust in the adequacy of other Member States’ rules, but also trust that those rules are correctly applied.
 

(5)

Article 47 of the Charter of Fundamental Rights of the European Union (hereinafter ‘the Charter’) and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter ‘the ECHR’) enshrine the right to a fair trial. Article 48(2) of the Charter guarantees respect for the rights of the defence.
 

(6)

Article 6 of the Charter and Article 5 ECHR enshrine the right to liberty and security of person. Any restrictions on that right must not exceed those permitted in accordance with Article 5 ECHR and inferred from the case-law of the European Court of Human Rights.
 

(7)

Although all the Member States are party to the ECHR, experience has shown that that alone does not always provide a sufficient degree of trust in the criminal justice systems of other Member States.
 

(8)

Strengthening mutual trust requires detailed rules on the protection of the procedural rights and guarantees arising from the Charter and from the ECHR.
 

(9)

Article 82(2) of the Treaty on the Functioning of the European Union provides for the establishment of minimum rules applicable in the Member States so as to facilitate mutual recognition of...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the summary of legislation, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and finally the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 2. 
    15 and 16 October 1999.

     
  • 3. 
    Explanation on Article 48, Explanations relating to the Charter of Fundamental Rights.

     
  • 4. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 5. 
    15 and 16 October 1999.

     
  • 6. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 7. 
    15 and 16 October 1999.

     
  • 8. 
    Explanation on Article 48, Explanations relating to the Charter of Fundamental Rights.

     
  • 9. 
    15 and 16 October 1999.

     
  • 10. 
    Conclusion 33.

     
  • 11. 
    COM(2000) 495, 29.7.2000.

     
  • 12. 
    OJ C 12, 15.1.2001, p. 10.

     
  • 13. 
    COM(2004) 328, 28.4.2004.

     
  • 14. 
    OJ C295, 4.12.2009, p. 1.

     
  • 15. 
    European Council Conclusions, 10-11 December 2009.

     
  • 16. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 17. 
    15 and 16 October 1999.

     
  • 18. 
    T Spronken, G Vermeulen et al, EU Procedural Rights in Criminal Proceedings , Antwerp 2009; E Cape, Z Namoradze et al, Effective Criminal Defence in Europe , Antwerp 2010.

     
  • 19. 
    Padalov v Bulgaria, judgment of 10 August 2006, application n° 54784/00.

     
  • 20. 
    Talat Tunc v.Turkey , judgment of 27 March 2007, application n° 32432/96.

     
  • 21. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 22. 
    Mattoccia v. Italy , judgment of 25 July 2000, application n°. 23969/94,
     
  • 23. 
    Fox, Campbell and Hartley, judgment of 30 August 1990, application n° A 182,
     
  • 24. 
    Pélissier and Sassi v. France , judgment of 25 March 1999, application n°. 25444/94,
     
  • 25. 
    Brozicek v. Italy , judgment of 19 December 1989, application n° 10964/84,
     
  • 26. 
    Mattoccia v. Italy , judgment of 25 July 2000, application n° 23969/94,
     
  • 27. 
    Kamasinsksi v. Austria , judgment of 19 December 1989, application n° 9783/82,
     
  • 28. 
    Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

     
  • 29. 
    CPT, The CPT standards
     
  • 30. 
    Panovits v. Cyprus , judgment of 11 December 2008, application n° 4268/04,
     
  • 31. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 32. 
    T Spronken, G Vermeulen et al, EU Procedural Rights in Criminal Proceedings , Antwerp 2009; E Cape, Z Namoradze et al, Effective Criminal Defence in Europe , Antwerp 2010.

     
  • 33. 
    Conclusion 33.

     
  • 34. 
    Edwards v. United Kingdom , judgment of 16 December 1992, application n° 13071/87,
     
  • 35. 
    Garcia Alva v. Germany , judgment of 13 February 2001, application n° 23541/94,
     
  • 36. 
    Explanation on Article 48, Explanations relating to the Charter of Fundamental Rights.

     
  • 37. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 38. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 39. 
    OJ C , , p. .

     
  • 40. 
    OJ C , , p. .

     
  • 41. 
    OJ C 12, 15.1.2001, p. 10.

     
  • 42. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 43. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 44. 
    OJ C 295, 4.12.2009, p. 1.

     
  • 45. 
    OJ C 115, 4.5.2010.

     
  • 46. 
    Directive 2010/xxx/EU of the European Parliament and of the Council on the rights to interpretation and translation in criminal proceedings (8 October 2010).

     
  • 47. 
    COM(2010) 171, 20.4.2010.

     
  • 48. 
    OJ L 190 of 18.7.2002, p.1.

     
  • 49. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 50. 
    Conclusion 33.

     
  • 51. 
    24 months after publication of this Directive in the Official Journal .

     
  • 52. 
    36 months after publication of this Directive in the Official Journal .

     
  • 53. 
    To be complemented with other relevant procedural rights applicable in Member States.

     
  • 54. 
    To be complemented with other relevant procedural rights applicable in Member States.

     
  • 55. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 56. 
    15 and 16 October 1999.

     
  • 57. 
    Explanation on Article 48, Explanations relating to the Charter of Fundamental Rights.

     
  • 58. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 59. 
    15 and 16 October 1999.

     
  • 60. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 61. 
    15 and 16 October 1999.

     
  • 62. 
    Explanation on Article 48, Explanations relating to the Charter of Fundamental Rights.

     
  • 63. 
    15 and 16 October 1999.

     
  • 64. 
    Conclusion 33.

     
  • 65. 
    COM(2000) 495, 29.7.2000.

     
  • 66. 
    OJ C 12, 15.1.2001, p. 10.

     
  • 67. 
    COM(2004) 328, 28.4.2004.

     
  • 68. 
    OJ C295, 4.12.2009, p. 1.

     
  • 69. 
    European Council Conclusions, 10-11 December 2009.

     
  • 70. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 71. 
    15 and 16 October 1999.

     
  • 72. 
    T Spronken, G Vermeulen et al, EU Procedural Rights in Criminal Proceedings , Antwerp 2009; E Cape, Z Namoradze et al, Effective Criminal Defence in Europe , Antwerp 2010.

     
  • 73. 
    Padalov v Bulgaria, judgment of 10 August 2006, application n° 54784/00.

     
  • 74. 
    Talat Tunc v.Turkey , judgment of 27 March 2007, application n° 32432/96.

     
  • 75. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 76. 
    Mattoccia v. Italy , judgment of 25 July 2000, application n°. 23969/94,
     
  • 77. 
    Fox, Campbell and Hartley, judgment of 30 August 1990, application n° A 182,
     
  • 78. 
    Pélissier and Sassi v. France , judgment of 25 March 1999, application n°. 25444/94,
     
  • 79. 
    Brozicek v. Italy , judgment of 19 December 1989, application n° 10964/84,
     
  • 80. 
    Mattoccia v. Italy , judgment of 25 July 2000, application n° 23969/94,
     
  • 81. 
    Kamasinsksi v. Austria , judgment of 19 December 1989, application n° 9783/82,
     
  • 82. 
    Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

     
  • 83. 
    CPT, The CPT standards
     
  • 84. 
    Panovits v. Cyprus , judgment of 11 December 2008, application n° 4268/04,
     
  • 85. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 86. 
    T Spronken, G Vermeulen et al, EU Procedural Rights in Criminal Proceedings , Antwerp 2009; E Cape, Z Namoradze et al, Effective Criminal Defence in Europe , Antwerp 2010.

     
  • 87. 
    Conclusion 33.

     
  • 88. 
    Edwards v. United Kingdom , judgment of 16 December 1992, application n° 13071/87,
     
  • 89. 
    Garcia Alva v. Germany , judgment of 13 February 2001, application n° 23541/94,
     
  • 90. 
    Explanation on Article 48, Explanations relating to the Charter of Fundamental Rights.

     
  • 91. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 92. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 93. 
    OJ C , , p. .

     
  • 94. 
    OJ C , , p. .

     
  • 95. 
    OJ C 12, 15.1.2001, p. 10.

     
  • 96. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 97. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 98. 
    OJ C 295, 4.12.2009, p. 1.

     
  • 99. 
    OJ C 115, 4.5.2010.

     
  • 100. 
    Directive 2010/xxx/EU of the European Parliament and of the Council on the rights to interpretation and translation in criminal proceedings (8 October 2010).

     
  • 101. 
    COM(2010) 171, 20.4.2010.

     
  • 102. 
    OJ L 190 of 18.7.2002, p.1.

     
  • 103. 
    999 U.N.T.S. 171. The ICCPR is an international convention on civil and political rights opened for signature by resolution of the United Nations General Assembly on 16 December 1966 which has been ratified by, and is thus binding in international law on, all EU Member States.

     
  • 104. 
    Conclusion 33.

     
  • 105. 
    24 months after publication of this Directive in the Official Journal .

     
  • 106. 
    36 months after publication of this Directive in the Official Journal .

     
  • 107. 
    To be complemented with other relevant procedural rights applicable in Member States.

     
  • 108. 
    To be complemented with other relevant procedural rights applicable in Member
     
  • 109. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 110. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.