Library
- The institutional framework for
criminal justice in the EU - From mutual legal assistance to
mutual recognition - Procedural guarantees in the EU
- Victims’ rights
- Approximating criminal law
- Criminal justice bodies
and networks - Relevant links
Main treaties and conventions
- Protocol (No 36) on Transitional Provisions
- Statewatch Analysis, “The Third Pillar acquis“ after the Treaty of Lisbon enters into force, Professor Steve Peers, University of Essex, Second Version, 1 December 2009
- Consolidated version of the Treaty on the functioning of the European Union (OJ C115/47; 9.5.2008) – Title V (pages. 27-38)
- Consolidated Version of the Treaty on the European Union (OJ C321 E/1;, 29.12.2006, P. 5) – Title VI (pages 23-31)
- Charter of fundamental rights of the European Union (OJ. C 364/1; 18.12.2000)
- Explanations relating to the Charter of Fundamental Rights (2007/C 303/02)
- Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 239; 22.9.2000, P. 19)
European Court of Justice
- The Treaty of Lisbon and the Court of Justice of the European Union Court of Justice of the European Communities, Press release No 104/09, Luxemburg 30. November 2009
- Information note on references from national courts for a preliminary ruling, supplement following the implementation of the urgent preliminary ruling procedure applicable to references concerning the area of freedom, security and justice, March 2008
- Statute of the Court of Justice, consolidated version, March 2010
- Rules of Procedure of the Court of Justice
European Convention on Human Rights (ECHR)
- Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols No. 11 and No. 14 together with additional protocol and protocols no. 4, 6, 7, 12 and 13, Council of Europe
- Case of Salduz v. Turkey (Application no. 36391/02), Judgment, European Court of Human Rights, Strasbourg, 27 November 2008
Main instruments
- Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328/42; 15.12.2009, P.42)
- Council Act of 16 October 2001 establishing in accordance with Article 34 of the Treaty on European Union, the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (2001/C 326/01), (OJ C 326/01; 21.11.2001,P. 1)
- Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197/1; 12.7.2000, P. 1)
- Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 8.XI.2001)
- Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 17.III.1978)
- European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 20.IV.1959)
- Third Additional Protocol to the European Convention on Extradition (Strasbourg, 10.XI.2010)
- Second Additional Protocol to the European Convention on Extradition (Strasbourg, 17.III.1978)
- Additional Protocol to the European Convention on Extradition (Strasbourg, 15.X.1975)
- European Convention on Extradition (Strasbourg, 13.XII.1957)
Mutual recognition in practice: the European Arrest Warrant
- European Arrest Warrants: Ensuring an effective defence a JUSTICE 2012
- Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ L 81/24; 27.3.2009)
- Commission Staff working document, Accompanying document to the third Report from the Commission to the European Parliament and the Council on the implementation since 2007 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States ((COM(2011) 175 final) SEC(2011) 430 final; 11.4.2011)
- Report from the European Commission to the European Parliament and the Council, On the implementation since 2007 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (COM(2011) 175 final; 11.4.2011)
- C-306/09 I.B., Judgement of 21 October 2010
- C-261/09 Mantello, Judgement of 16 November 2010
- C-123/08 Wolzenburg, Judgement of 6 October 2009
- C-388/08 Leymann and Pustovarov, Judgement of 1 December 2008
- C-296/08 Goicoechea, Judgement of 12 August 2008
- C-66/08 Szymon Kozlowski, Judgement of 17 July 2008
- C-303/05 Wereld/Ministerraad, Judgment of the Court of 3 May 2007
- Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190/1; 18.7.2002, P. 1)
Mutual recognition in practice: sanctions
- Proposal for a Directive on the freezing and confiscation of proceeds of crime in the European Union (COM(2012) 85 final; 12.3.2012)
- Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (OJ L 294/20; 11.11.2009)
- Council Framework Decision 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (OJ L 337/102; 16.12.2008)
- Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ L 327/27; 5.12.2008)
- Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ L 220/32; 15.08.2008)
- Council Framework Decision of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328/59, 24.11.2006, P.59)
- Council Framework Decision of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76/16, 22.3.2005, P.16)
- Council Framework Decision of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (OJ L 68/49, 1.3.2005, P. 49)
Mutual recognition in practice: evidence
- Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters (OJ L, 350/72, 30.12.2008)
- Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196/45; 2.8.2003)
- Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130/1; 1.5.2014)
Criminal records
- Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93/33; 7.4.2009, P. 33)
- Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93/23; 07.4.2009)
- Council Decision on the exchange of information extracted from criminal records – Manual of Procedure (6397/5/06 REV 5; 15.1.2007)
- Council Decision 2005/876/JHA of 21 November 2005 on the exchange of information extracted from the criminal record (OJ L 322/33; 9.12.2005)
Legal Instruments
- Directive (EU) 2016/1919 of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297/1; 4.11.2016)
- Directive (EU) 2016/800 of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132/1; 21.5.2016)
- Directive 2016/343 of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (11.3.2016; OJ L 65/1)
- Commission Recommendation of 27 November 2013 on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings (OJ C 378, 24.12.2013, p. 8–10)
- Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294/1; 6.11.2013)
- Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (1.6.2012; OJ L 142/1)
- Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280/1; 26.10.2010)
- Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention (COM(2011) 327 final; 14.6.2011)
- Resolution of the Council of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings (OJ C 295/1; 4.12.2009)
Case law of the CJEU
Case law of the ECHR
Studies
- EAW Rights – Analysis of the implementation and operation of the European Arrest Warrant from the point of view of defence practitioners (November 2016)
- TRAINAC - Assessment, good practices and recommendations on the right to interpretation and translation, the right to information, and the right of access to a lawyer in criminal proceedings (April 2016)
- FRA Rights of suspected and accused persons across the EU: translation, interpretation and information (2016)
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KU Leuven Studies:
1. Cooperation in interpreter-mediated questioning of minors (CO-MINOR-IN/QUEST)
2. CO-MINOR-IN/QUEST II
Final publication:
CHILDREN AND JUSTICE: OVERCOMING LANGUAGE BARRIERS - Cooperation in interpreter-mediated questioning of minors (Katalin Balogh and Heidi Salaets 2015) - Reflection Forum on Multilingualism and Interpreter Training – Final Report (2009)
- Directive 2011/99/EU of 13 December 2011 on the European protection order (OJ L 338/2; 21.12.2011)
- Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions - Strengthening victims' rights in the EU (COM(2011) 274/2; 18.5.2011)
- Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261/15; 6.8.2004)
- Council Framework Decision of 15 March 2001 on the standing of victims in criminal procedures (OJ L 82/1; 22.03.2001)
- DIRECTIVE 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315/57; 14.11.2012)
- Regulation (EU) No 606/2013 of 12 June 2013 on mutual recognition of protection measures in civil matters (OJ L 181/4; 29.6.2013)
Organised crime
Environmental crime
Terrorism
- Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327/20; 9.12.2017)
- Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88/6)
- Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119/132; 4.5.2016)
- Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing, Strasbourg, 2.2.2016 (COM(2016) 50 final)
- Action plan to strengthen the fight against terrorist financing: European Agenda on Security, Factsheet, February 2016
Trafficking in human beings and sexual exploitation of children
- Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA
- Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335/1; 17.12.2011)
- Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (OJ L 13/44, 20.1.2004, P. 44)
- Council Framework Decision of 19 July 2002 on combating trafficking in human beings (OJ L 203/1, 1.8.2002, P. 1)
Money laundering
- Proposal for a Directive of the European Parliament and of the Council on countering money laundering by criminal law, Brussels, 21.12.2016 (COM(2016) 826 final)
- Proposal for a Directive amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC (Strasbourg, 5.7.2016; COM(2016) 450 final)
- Directive 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (5.6.2015; OJ L 141/73)
- Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309/15; 25.11.2005, P. 15)
- Directive 2001/97/EC of 4 December 2001 amending Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering (OJ L 344/76; 28.12.2001)
- Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182/1; 5.7.2001)
Counterfeiting
Racism and xenophobia
Illicit drug trafficking
- Directive (EU) 2017/2103 of the European Parliament and of the Council of 15 November 2017 amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of ‘drug’ and repealing Council Decision 2005/387/JHA (OJ L 305/12)
- EU Drugs Strategy (2013-20) – Recommendation – Council of the European Union, 29.12.2012 (2012/C 402/01)
- EU Action Plan on Drugs 2013-2016 - Notices from European Union Institutions, Bodies, Offices and Agencies – Council of the European Union, 30.11.2013 (2013/C 351/01)
- Council Conclusions on a European system for forensic drug profiling, 2979th Justice and Home Affairs Council meeting, Brussels, 30 November 2009
- Council Framework Decision 2004/757/JAI of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335/8; 11.11.2004)
Corruption
- Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee - Fighting Corruption in the EU (Brussels, 6.6.2011; COM(2011) 308 final)
- Council Framework Decision of 22 July 2003 on combating corruption in the private sector (OJ L 192/54; 31.7.2003)
- Council Decision of 6 December 2001 on the protection of the euro against counterfeiting (OJ L 329/1; 14.12.2001)
- Convention on the fight against corruption involving officials of the European communities or officials of Member states of the European Union (OJ C 195; 25.6.1997)
Protection of the Financial Interests of the European Communities
- Position of the Council at first reading with a view to the adoption of a Directive on the fight against fraud to the Union's financial interests by means of criminal law (Brussels, 5 April 2017; 6182/17)
- Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the Protection of the Euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (21.5.2015; OJ L 151/1)
- Second Protocol, drawn up on the basis of Article K.3 of the treaty on European Union, to the Convention on the protection of the European Communities' financial interests (OJ C 221; 19.7.1997, P. 12)
- Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests (OJ C 313; 23.10.1996, P. 2)
- Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests (OJ C 316; 27.11.1995, P. 49)
Cybercrime - Council of Europe
Cybercrime - EU
- Directive 2013/40/EU of the European Parliament and of the Council of 12 august 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (Official Journal L 218/8 of 14.08.2013
- Joint Communication to the European Parliament, the Council, the European Economic And Social Committee and the Committee of the Regions Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace, Brussels, 7.2.2013, JOIN(2013) 1 final
- Directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA (OJ L 335/1; 17.12.2011)
- Proposal for a Directive of the European Parliament and of the Council on attacks against information systems and repealing Council Framework Decision 2005/222/JHA (COM(2010) 517 final 2010/0273 (COD); 30.9.2010)
- Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (OJ L 69/67; 16.3.2005)
- Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (OJ L 13/44; 20.1.2004)
Insider dealing and market manipulation
- Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) (OJ L 173/179; 12.6.2014)
- Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (Text with EEA relevance) (OJ L 173/1; 12.6.2014)
European Judicial Network
Eurojust
- Eurojust Website
- Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust) (Brussels, 17.7.2013; COM(2013) 535 final)
- Council Decision 2009/426/JHA of 16 Dec. 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA (OJ L 138/14; 4.6.2009)
- Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime, OJ L 063/1, 6.3.2002 (consolidated version)
- Proposal for a Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) (COM(2013) 535 final; 17.7.2013)
Europol
- Europol Website
- Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA (Brussels, 27.3.2013; COM(2013) 173 final)
- Council Decision of 6 April 2009 establishing the European Police Office (Europol)
OLAF
- OLAF website
- Amended Proposal for a Regulation amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) and repealing Regulation (EURATOM) No 1074/1999 (COM(2011) 135 final; 17.3.2011)
- OLAF Manual - Operational Procedures (1.12.2009)
- Regulation (CE) 1073/1999 of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OJ L 136/1; 31.05.1999)
- Regulation (Euratom) 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OJ L 136/8; 31.05.1999)
- Commission Decision of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (OJ L 136/20; 31.05.1999)
Liaison magistrates
European Public Prosecutor
E-justice portal