Running before We Can Walk? Mutual Recognition at the Expense of Fair Trials in Europe's Area of Freedom, Justice and Security

Abstract

The last decade has seen the EU place unprecedented emphasis on increasing and improving cooperation between Member States in criminal justice matters. However, for most of this period the fundamental rights of suspects and defendants have been largely ignored. In recognition of this, the EU adopted the Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings in 2009. This paper examines the steps necessary to establish an effective and coherent system of EU criminal justice procedure: one which enables Member States' prosecution and judicial authorities to cooperate effectively in the fight against serious cross-border crimes, while also ensuring efficient protection for the fundamental rights of suspects and defendants. It looks at the progress that has been made under the Roadmap and the work that remains to be done. Fair Trials International's case studies are used to demonstrate the dangers of introducing mutual recognition instruments such as the European Arrest Warrant for prosecutors when suspects and defendants do not have tangible, enforceable fair trial rights in many EU countries.