
Contents
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8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
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I. Introduction I. Introduction
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II. Harmonization of Procedural Rights in the EU II. Harmonization of Procedural Rights in the EU
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1. Cooperation in Criminal Matters: From Mutual Recognition to Harmonization 1. Cooperation in Criminal Matters: From Mutual Recognition to Harmonization
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2. Rights of Suspects and Accused Persons in the Trial Phase 2. Rights of Suspects and Accused Persons in the Trial Phase
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a. The Directive on the Presumption of Innocence and the Right to Be Present a. The Directive on the Presumption of Innocence and the Right to Be Present
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b. Further Harmonization Measures in the Field of Criminal Procedure b. Further Harmonization Measures in the Field of Criminal Procedure
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c. Some Critical Remarks c. Some Critical Remarks
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3. Rights of Victims in the Trial Phase 3. Rights of Victims in the Trial Phase
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III. European Rules for the Admissibility and Assessment of Evidence III. European Rules for the Admissibility and Assessment of Evidence
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1. Evidence Gathered in Breach of EU Law 1. Evidence Gathered in Breach of EU Law
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2. Admissibility of Evidence Gathered in Another EU Member State 2. Admissibility of Evidence Gathered in Another EU Member State
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IV. The European Public Prosecutor’s Office and Its Role in the Trial Phase IV. The European Public Prosecutor’s Office and Its Role in the Trial Phase
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1. The EPPO’s General Structure 1. The EPPO’s General Structure
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2. The Determination of the Forum State 2. The Determination of the Forum State
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a. Consequences for the Applicable Substantive Law a. Consequences for the Applicable Substantive Law
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b. Consequences for the Applicable Procedural Law b. Consequences for the Applicable Procedural Law
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c. Choosing the Forum State c. Choosing the Forum State
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3. Admissibility of Evidence Gathered in Another Participating EU Member State 3. Admissibility of Evidence Gathered in Another Participating EU Member State
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V. A Project for the Future: Supranational Rules Determining the State of Trial V. A Project for the Future: Supranational Rules Determining the State of Trial
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VI. Concluding Remarks VI. Concluding Remarks
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References References
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29 Challenges of Trial Procedure Reform: Is European Union Legislation Part of the Solution or Part of the Problem?
Get accessProfessor of Law, Director of the Chair of German, European and International Criminal Law and Criminal Procedure as well as Business Criminal Law, Ludwig-Maximilians-Universität, Munich
Postdoctoral Research Fellow, Ludwig-Maximilians-Universität, Munich
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Published:11 February 2019
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Abstract
This chapter examines the impact of European Union legislation on trial procedure reforms in EU Member States’ national criminal justice systems. It first considers the harmonization of procedural rights in the EU from the initial concept of mutual recognition, focusing on the legislative efforts to strengthen the rights of suspects and accused persons as well as the rights of victims in the trial phase, before discussing European rules for the admissibility and assessment of evidence. It then uses the European Public Prosecutor’s Office (EPPO) as an example to highlight the potential impact of supranational institutions on national trial proceedings. It shows that the criminal trial itself is subject to European influences, noting that the EPPO-Regulation contains some rules for the preliminary question of where the trial will take place.
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