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 21