The project team developed, and tested in national pilot trainings, training materials that can be accessed here. Materials are intended to support trainings on criminal procedural rights including the European perspective. Materials inter alia include ready-made case studies that are mostly based on case law of the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECHR) and national courts.
Further materials on criminal procedural rights and rights guaranteed by the Charter of Fundamental Rights of the European Union, as well as some interactive exercises, are accessible through the Website of our previous project Judging the Charter. All materials displayed on this Website can also be accessed via the relevant sections of the Charter Website.
Case Study
Case Study - A Suspect in a Foreign Country
Case Study that can be used to discuss procedural rights guarantees for from the point of the arrest during the police searching to the court hearing and the rights of the defendant in a foreign country.
Guidance is provided to use this case study in a moot court exercise.
Keywords: Procedural safeguards
Case Study
Case Study - Access to a Lawyer
Case Study based on the CJEU judgement C‑467/18, EP.
Can be used to work on the principle of providing access to a lawyer as foreseen by Directive 2013/48/EU on the right of Access to a Lawyer in Criminal and European Arrest Warrant Proceedings
Available in English, German, Greek and Spanish.
Keywords: Procedural safeguards
Case Study
Case Study - An American in Custody in Austria
Case Study based on ECtHR, KAMASINSKI v. AUSTRIA, Application no. 9783/82, Judgement 19.12.1989
Can be used to discuss the standards of procedural rights Directives
- 2013/48/EU on the right of access to a lawyer in criminal proceedings
- 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European Arrest Warrant proceedings
- 2010/64/EU on the right to interpretation and translation in criminal proceedings
Keywords: Detention Procedural safeguards
Case Study
Case Study - In Custody Forever?
Case Study based on the case of the CJEU C-310/18 PPU – Milev.
Can be used to work one the procedural rights guarantees of Directive 2016/343/EU on the presumption of innocence and their limits.
Keywords: Procedural safeguards
Case Study
Case Study - Legal Aid
Case Study based on TWALIB v. GREECE (42/1997/826/1032) 9 June 1998 European Commission for Human Rights to be used to work on the principle of access to legal aid provided for by Directive 2016/1919/EU on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings
Available in English, German, Greek and Spanish
Downloads
Keywords: Effective remedy Procedural safeguards
Case Study
Case Study - No Lawyer for those who cannot be held criminally liable?
Case Study based on the case of the CJEU C-467/18 EP.
Can be used to work on the requirements of Directives 2012/13/EU on the right to information in criminal proceedings 2013/48/EU on the right of access to a lawyer in criminal proceedings.
Two different case study documents are provided for initial, respectively for continuous training.
Keywords: Procedural safeguards
Case Study
Case Study - Presumption of Innocence
Case Study based on ECtHR PAULIKAS v. LITHUANIA (Application no. 57435/09) to be used to work on the principle of the presumption of innocence provided for by Directive 2016/343/EU on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
Available in English, German, Greek and Spanish.
Downloads
Keywords: Procedural safeguards
Case Study
Case Study - Procedural Safeguards for Children
Case Study based on CJEU C-377/18 to be used to work on procedural safeguards for children as provided for by Directive 2016/800/EU on procedural safeguards for children who are suspects or accused persons in criminal proceedings
Available in English, German, Greek and Spanish
Downloads
Keywords: Rights of the child Procedural safeguards
Case Study
Case Study - The Agreement with the Prosecutor
Case Study based on the Case of the CJEU C-377/18 AH and others
Can be used to explore the rights guaranteed by Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings and its limits.
Keywords: Procedural safeguards
Case Study
Case Study - The Lawyer of the Absent
Case Study based on CJEU, Case C-659/18, VW, judgement 12th March 2020.
Keywords: Procedural safeguards
Case Study
Case Study - The Statement of the Minor
Case Study based on the Case of the ECtHR, Panovits v Cyprus.
Can be use to discuss the standards of Directives 2016/800/EU on procedural safeguards for children who are suspects or accused persons in criminal proceedings and 2016/343/EU on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings.
Downloads
Keywords: Procedural safeguards
Case Study
Directive on Legal Aid - Presentation
Presentation on Directive 2016/1919/EU on Legal Aid, provided by Apostolos Tzamalis, Head of Prosecutor’s Office Larissa Court House, Greece
Keywords: Procedural safeguards
Case Study
Directive on the Presumption of Innocence - Presentation
Presentation on Directive 2016/343/EU on the Presumption of Innocence, provided by Roberto Alonso, Head of Prosecutor’s Office Larissa Court House, Greece.
Downloads
Keywords: Procedural safeguards
Case Study
Directives on Access to a Lawyer and on Procedural Safeguards for Children
Presentation on Directives 2013/48/EU on Access to a Lawyer and 2016/800/EU on Procedural Safeguards for Children provided by Babek Oshidari, judge at the Austrian Supreme Court.
Downloads
Keywords: Procedural safeguards
Case Study
Procedural Rights Guarantees - the Human Rights Background - Presentation
Presentation and Handout provided by Theokti Nikolaidou, Jugde in Appeal Court in Greece
Keywords: Procedural safeguards