European judicial cooperation in criminal matters: what protection for individuals under the Lisbon Treaty?

Abstract

The third pillar of the European Union is characterised by a poor judicial protection system. The Treaty of Lisbon overcomes the gaps in Article 35 of the Treaty on European Union, abolishing the distinction between first and third pillar and extending to this third pillar the instruments of protection typical of the first one. However, an attempt to defeat gaps and overcome some of the differences between the protections existing in the two pillars has been already undertaken by the Court of Justice in its judgments in cases Pupino and Segi, where it has applied to the third pillar legal principles (viz., the principle of consistent interpretation and the so-called substantive approach to challenge measures)—which have for long applied in the first pillar. Furthermore, the European Union legislator has acted to strengthen national mechanisms for judicial protection, by approximating the laws of member states regarding proceedings, so as to increase mutual trust and improve judicial cooperation in criminal matters. To date, among acts of secondary legislation, account has to be taken of the Framework Decision on the position of victims in criminal proceedings and the Commission’s proposal for a Framework Decision on certain procedural rights in criminal proceedings throughout the European Union.