In defence of defence rights : the need for common rules of criminal procedure in the European Union
Title: In defence of defence rights : the need for common rules of criminal procedure in the European Union
Author: LONGRIDGE, Corri
Citation: European Journal of Legal Studies, 2013, Vol. 6, No. 2, pp. 136-156
External link: http://www.ejls.eu/
The phenomenon of globalization and the expansion of EU mobility rights have been a catalyst for cross-border crime and a driving force for Member State cooperation in the field of criminal law. This paper argues broadly that EU mechanisms which facilitate Member State cooperation in criminal investigations and prosecutions have problematic consequences for EU citizens and the functioning of the EU as an independent legal order. A comprehensive approach to criminal justice that balances the need to cooperate in combating crime and the need to respect the defence rights of suspects is necessary. In particular, for EU defence rights to be practical and effective, EU law must buttress the right of access to legal counsel and legal aid.
Type of Access: openAccess