JUSTICE FOR ALL
OVERVIEW OF
RELEVANT STANDARDS
01.
1.1. LEGAL CAPACITY,
ACCESS TO JUSTICE,
PROCEDURAL SAFEGUARDS
1.1.1. EU STANDARDS
Concerning the European Union’s legal
framework on access to justice and
procedural safeguards, the Treaty on the
Functioning of the European Union (TFEU)
provides that the Union shall constitute an
area of freedom, security and justice with
respect for fundamental rights and the
different legal systems and traditions of the
Member States and shall facilitate access
to justice.16The Treaty on the European
Union (TEU) states that the Union was
created based on shared values, including a
society where justice and non-discrimination
prevail,17 and also includes a provision on the
duty of the Union to offer its citizens an area
of freedom, security and justice.18 The TEU
also provides that the Union recognises the
rights, freedoms and principles set out in
the Charter of Fundamental Rights of the
European Union (CFR or Charter),19 which, in
turn, includes the right to an effective remedy and to a fair trial, the right to have access
to legal aid and to be advised, defended and
represented.20
Against this background, it should not be
forgotten that, for the first time in history,
the EU has ratified a UN treaty, namely the
UNCRPD, together with all EU Member
States. The UNCRPD, adopted in 2006 and
which entered into force in 2008, marked a
breakthrough in setting minimum standards
for rights of persons with disabilities and was
defined as a ‘paradigm shift’ in approaches
to the concept of ‘disability’ in international
human rights law.
The EU is progressing with the implementation of the UNCRPD in several areas and has
recently adopted the EU Disability Strategy
2021-2030.21 Amongst other things, the
Strategy recalls the UN International Principles and Guidelines on Access to Justice for
Persons with Disabilities and plans for the
EU to provide guidance to Member States on
access to justice for persons with disabilities
in the EU, building on international guidance
provided by the UN.
In the context of criminal proceedings, the
EU adopted the 2013 Recommendation. It
calls upon Member States to strengthen certain procedural rights of vulnerable suspects
or accused persons in criminal proceedings
and of vulnerable persons who are subject
to European Arrest Warrant proceedings.
Particular focus is given to the prompt and
early identification and recognition of a
situation of vulnerability to make sure that
the person can effectively participate in
the proceedings. Additionally, the following
safeguards are mentioned:
• Non-discrimination
• Presumption of vulnerability
• Right to information
• Right of access to a lawyer
• Right to medical assistance
• Recording of questioning
• Privacy
Furthermore, to date, six measures on procedural rights in criminal proceedings have been
adopted pursuant to the roadmap, namely:
• Directives 2010/64/EU on the right to
interpretation and translation in criminal
proceedings
• Directive 2012/13/EU on the right to
information in criminal proceedings
• Directive 2013/48/EU on the right of
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