Relationship of the EU Framework Decision to the ECHR: Towards the fundamental principles of criminal procedure*

Abstract

this article discusses the desirability of EU action to complement the protection offered by the European convention on Human Rights to suspects in criminal proceedings. implementation of the mutual recognition principle should not tip the balance too far in favour of law enforcement and prosecution interests. the authors argue that increased efficiency in the protection of basic procedural rights is also urgently needed as a pre-condition for further mutual recognition of criminal judgments. the article also theorises on the harmonisation of criminal procedure in the light of considerations relating to the 'equality of arms'. Such equality is not naturally present in the criminal process, particularly during police questioning and investigations. Decisions about how far to restrict state power in criminal investigations will depend on the attitude to authority in a particular country.

The European Court of Human Rights and the Area of Freedom, Security and Justice

“…Pupino indeed confirmed a trend in the ECJ's case-law to the effect that compliance with the Convention as interpreted by the Strasbourg Court is ever more to be considered part of compliance with EU law, in other words that Convention legality has become part of EU legality. 5 On this basis, with the Convention being applied by the ECJ in conformity with its interpretation by the Strasbourg Court, a good deal of harmony and legal certainty has already been -and continues to be -achieved in this area, thus preventing Member States from finding themselves trapped by diverging or even contradictory requirements.…”