Pre-trial Detention and EU Law: Collecting Fragments of Harmonisation Within the Existing Legal Framework

European Papers

Adriano Martufi¹  Christina Peristeridou² 

[1] Leiden University;Maastricht University;

关键词: pre-trial detention;    harmonisation;    eu criminal law;    fundamental rights;    procedural guarantees;    detention conditions;   

DOI  :  10.15166/2499-8249/423

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1477-1492 | European Forum Insight of 28 December 2020 | (Table of Contents) I. Introduction. - II. Defining pre-trial detention: towards an autonomous notion? - III. EU secondary law and pre-trial detention: mapping the intersections. - III.1. The Directive on the right to information. - III.2. The Directive on the right to interpretation and other sources of secondary law. - III.3. The Directive on the presumption of innocence. - III.4. The European Arrest Warrant and the European Supervision Order. - IV. Conclusion. | (Abstract) Pre-trial detention has yet to be harmonised under EU law, although evidence points to an overuse that may affect mutual trust. Other instruments however exist that might impact on the way national authorities use pre-trial detention. In this Insight, we seek to detect fragments of harmonisation within the existing legal framework. The Insight thus looks at the EU area of criminal justice to highlight intersections between pre-trial detention and existing instruments, such as the procedural rights Directives and the European Arrest Warrant. Our findings show that the symbiosis of pre-trial detention and some procedures created by EU instruments (e.g. surrender proceedings) raise a plethora of questions regarding the legal standards of pre-trial detention. Several juncture points exist where current instruments could or should influence the manner in which pre-trial detention is regulated under national law. Despite these intersections, we conclude that the lack of an EU regulatory framework remains problematic.

【 授权许可】

Unknown