Effectiveness of defence rights granted by EU legal instruments does not simply rely on their correct implementation under national law, but also depends on the existence of enforcement and control mechanisms. Although the recently adopted directives harmonizing the rights of the suspects and accused persons in criminal proceedings impose remedial obligations to the Member States, the different structure and scope of judicial review under national law might undermine the justiciability of procedural safeguards granted by EU law.
The University of Luxembourg, in collaboration with its partners – the University of Gdansk, the University of Leuven, the University of Poitiers, the University of Girona and the University of Saarland – is currently carrying out a two years research project entitled “Effective defence rights in criminal proceedings: a European and comparative study on judicial remedies”.
The goal of the study is to improve judicial remedies that ensure the justiciability of defence rights in the European criminal justice area. To this end, the project aims to develop a European blueprint for the right to judicial review such as protected by the Charter of Fundamental Rights and the European Convention of Human Rights.
The research will be carried out in six European countries – Luxembourg, Poland, Belgium, France, Spain and Germany – and consists of three phases:
The research project is lead by Prof. Silvia Allegrezza, professor of Criminal Law and Criminal Procedure at the University of Luxembourg, in collaboration with a Europe-wide panel of scholars composed by:
The results of the study will be presented during a final conference in September 2017.