Library
The institutional framework for criminal justice in the EU
From mutual legal assistance to mutual recognition
Procedural guarantees in the EU
Victims rights
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
- Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the Republic of Austria, the Republic of Slovenia and the Kingdom of Sweden for a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters (9288/10; 21.5.2010)
- 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)
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)
- 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)
- Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest (COM(2011) 326/3; 8.6.2011)
- 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)
- Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings (OJ L 142/1; 1.6.2012)
- 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)
- Directive 2011/99/EU of 13 December 2011 on the European protection order (OJ L 338/2; 21.12.2011)
- Proposal for a Directive establishing minimum standards on the rights, support and protection of victims of crime (COM/2011) 275/2; 18.5.2011)
- Proposal for a Regulation on mutual recognition of protection measures in civil matters (COM/2011) 276/2; 18.5.2011)
- 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)
European Judicial Network
- http://www.ejn-crimjust.europa.eu/ejn/
- Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348/130, 24.12.2008, P. 130)
Eurojust
- Eurojust Website
- 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)