Effective Defence Rights in Criminal Proceedings

The European Union has adopted several Directives harmonising the rights of the suspects and accused persons in criminal proceedings. The effectiveness of defence rights granted by EU legal instruments does not simply rely on their correct implementation in national law, but also depends on the existence of enforcement and control mechanisms granting judicial protection to individuals. Although the Directives impose remedial obligations on the Member States, the different structure and scope of judicial control under national law is likely to undermine the justiciability of procedural safeguards granted by EU law.