Article 8
Verification
and remedies
Refusal of access to certain materials must be taken by a judicial
authority or is at least subject to a judicial review.
Access shall be free of charge.
When information is provided to suspects or accused persons, it
must be noted using a recording procedure.
Right to challenge a possible failure or refusal of the competent
authorities to provide information.
Article 9
Training
Requirement to provide for training of ‘judges, prosecutors,
police and judicial staff’ on the right to information.
Article 10
Nonregression
Directive does not limit safeguards arising under international or
national law offering higher level of protection.
2. Purpose and objectives
We will cover the substantive requirements of the Directive in Parts I – IV below. However, in this
introductory part it is already worth considering the general objective of the Directive, as this
informs the way all of the substantive provisions should be interpreted. The recitals – which do not
establish obligations in themselves, but will help interpret the obligations in the Directive – first
provide some general wording:
‘(14) This Directive (…) lays down common minimum standards to be applied in the
field of information about rights and about the accusation to be given to persons
suspected or accused of having committed a criminal offence (…) This Directive builds
on the rights laid down in the Charter, and in particular Articles 6, 47 and 48 thereof,
by building upon Articles 5 and 6 ECHR as interpreted by the European Court of
Human Rights.’
…
‘(33) The provisions of this Directive that correspond to rights guaranteed by the
ECHR or the Charter should be interpreted and implemented consistently with those
rights, as interpreted in the relevant case-law of the European Court of Human Rights
(…)’.
These recitals capture the general tone of the Roadmap in building upon and consolidating rights
arising from the ECHR as interpreted by the ECtHR. This is why, in this Toolkit, we provide you with
relevant principles of ECHR case-law to show where the Directive is coming from. However, the
Directive is clearer, easier to use, and it may also provide more robust protection than the ECtHR so
we encourage you to base your arguments on the Directive itself as a rule. The other recitals then
relate to, and in some cases elaborate upon, the specific rights in the Directive which are covered in
this Toolkit.
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