Fundamental Rights Protection

'Fundamental rights protection in the context of criminal proceedings in the European Union: The application and relevance of the Charter of Fundamental Rights of the European Union and EU Legislation'

cofunded by European Union


Implementation

The project is being implemented by EIPA Luxembourg - European Centre for Judges and Lawyers (ECJL) in partnership with KSSIP – Krajowa Szkola Sadownictwa I Prokuratury in Poland and the Consejo General Del Poder Judicial – Escuela Judicial.


Introduction
The European Union’s Area of Freedom, Security and Justice, based on the principles of mutual trust and mutual recognition, is preconditioned on the full respect of fundamental rights, which are also the founding values of the European Union. It is the duty and responsibility of EU Member States to ensure compliance with fundamental rights when acting under the scope of EU law, and even more so when they administer criminal proceedings involving the application of EU criminal law instruments. Today, the EU Charter of Fundamental Rights is the pivotal instrument to make recourse to when rights are to be identified and protection standards are pitched. Thus, the proper understanding of the EU Charter, its relevance in national criminal proceedings, and its relationship to the European Convention on Human Rights is key for ensuring that rights under the EU Charter are given full effect, in particular in the context of criminal proceedings.


Objectives
The objective of our project is three-fold:

  • Firstly, to present the EU Charter as being the comprehensive framework of fundamental rights within the European Union, its scope, effect, standard of protection afforded, and to discuss its relevance in national criminal law proceedings.
  • Secondly, to show how the EU procedural guarantees series of legislation are embedded in the EU’s wider fundamental rights context, provided by the EU Charter and the EU general principles of law, and to discuss how the ECHR is relevant in setting EU protection levels.
  • Thirdly and finally, each seminar will give a clear occasion for judges, prosecutors and lawyers to improve the cooperation amongst each other by understanding the elements of EU law applicable to each of them and at the same time learning about each other’s’ jurisdictions.

It is in this vein that the project aims to contribute to the development of mutual trust among legal practitioners being the fundamental criteria in establishing an EU area of criminal justice.


Target group
The target audience of the project will be legal practitioners having a criminal law background and working in the criminal justice system either in the capacity of a judge, prosecutor or a defence lawyer. The participants’ responsibilities and prerogatives as judges and prosecutors will be illustrated through practical analysis of specific instruments and examples of their application in different Member States. Moreover, they will be informed on the latest tools adopted or under discussion as well as receive an overview of the fundamental characteristics of the new institutional processes governing the area.

Training calendar

The project will consist of one training to be repeated at three different locations:

Fundamental rights protection in the context of criminal proceedings in the European Union: The application and relevance of the Charter of Fundamental Rights of the European Union and EU Legislation

Barcelona (Spain), 23-24 January 2018

Warsaw (Poland), 24-25 April 2018

Luxembourg, 2-3 October 2018


The purpose of the seminar is, firstly, to provide participants with information on the scope, applicability and effect of the Charter, then elaborate on the relationship between the Charter and the ECHR. Secondly to discuss the individual European level procedural guarantees instruments and thirdly to discuss how the European level procedural guarantees instruments are embedded in the wider fundamental rights context and how to take into account the respective case law of the CJEU and ECtHR.

Download: Programme | Project rules | Registration form non-partner

 

Contact

EIPA Luxembourg - European Centre for Judges and Lawyers
Ms Christiane Lamesch
Tel: +352 426 230 302
E-mail: c.lamesch@eipa.eu