From 13 September 2018 13:30 to 14 September 2018 17:00

Conference: Procedural rights in criminal proceedings in the EU

Utrecht University, Leiden University and Maastricht University are organizing a two day conference on Procedural rights in criminal proceedings in the European Union, offering a venue for practitioners and young scholars to exchange experiences and ideas on this subject matter. We aim to:

  • Identify whether the transposed directives on procedural rights for suspects and accused persons, together with the CJEU case law lead to convergence of procedural rights for defendants in legal practice;
  • Identify the role of these measures for transnational cooperation;
  • Identify the further impact (side-effects) of the directives in the national criminal procedures:
  • Discuss possible future initiatives in this area;
  • Involve practitioners and young researchers and offer the latter a platform to discuss their ideas with senior experts.

Speakers include:

  • Jannemieke Ouwerkerk (Leiden University)
  • André Klip (Maastricht University)
  • Elpiniki Kolokatsi (Criminal defence lawyer Amersfoort)
  • Tamas Lukacsi (European Parliament, legal service)
  • Frank Meyer (University of Zurich)
  • John Vervaele (Utrecht University) and
  • Michiel Luchtman (Utrecht University)

Have a look at the conference programme

 

Call for papers 

We welcome proposals for papers falling within the scope of the theme of one of the working groups below. Paper proposals (maximum 500 words) need to be submitted by 15 May 2018 at the latest to a.csuri@uu.nl. Please indicate under which of the three themes you would like to present and please include your contact details. Submitted paper abstracts will be reviewed by the conference committee. Applicants will be notified of acceptance by 15 June 2018 at the latest. 

You can find all the details in this document about the call for papers

 

Programme

The overarching topic of the conference is scrutinized from three different angles, which build three streams, both at the plenary sessions and in the working groups.

The first stream focuses on EU competences in the area of procedural rights in criminal proceedings. This includes an overview of the scope of the EU mandate, the current legal framework and the challenges for the EU legislator. Further, it includes the justification of the harmonization measures (transnational objectives vs. national impact) and the desirability for further harmonization. The related plenary session and working group will also assess the relationship between the directives on procedural rights for suspects and accused persons, national constitutions, CFR and the ECHR. 2

As a second stream the conference takes a look at the impact of the EU legal framework within the national context. Topics include the implementation of the Roadmap directives in the national legal orders, their relationship with the victims' rights directive, the discrepancies between the goals of the directives and their national application, as well as the possibilities for the defence to enforce the rights granted to them, possibly with the help of EU institutions. This stream also offers the possibility to discuss the decline of the rule of law in some Member States and the role of the EU in that regard.

The third stream focuses on procedural rights in the cross‐border context. This includes both horizontal (EAW, EIO, et cetera) and vertical cooperation (EPPO, OLAF, Eurojust, ECB, et cetera) and the related issues concerning procedural rights, the position of the defence, questions of mutual trust and mutual recognition in practice, the admissibility and exclusion of ‘foreign’ evidence, judicial control, et cetera. The decline of the rule of law in some member states – in light of its effects on transnational cooperation – could be addressed in this section as well. As regards the vertical cooperation within the future EPPO, questions about the danger of unequal treatment of defendants due to diverging national guarantees are at the fore of the debate.

The first day focuses on the three streams in a series of corresponding plenary sessions. Each plenary session includes two presentations, followed by audience discussion. On the second day, participants are offered the opportunity to present their research in working groups, receiving feedback from senior experts and the audience. With this call for papers we invite you to prepare a paper and present it in one of the working groups, each related to one of the three streams. The conference committee expressly encourages early career researchers to present their research.

 

Start date and time
13 September 2018 13:30
End date and time
14 September 2018 17:00