Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-12-12-Speech-1-170-000"
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"en.20111212.17.1-170-000"2
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"Mr President, access to information for suspected and accused persons is a key factor in ensuring fair criminal proceedings. The provision of information on rights is the basis for access to all rights. In order to prepare a defence, a person must know the details of the case in which he is being charged and of any available evidence. Suspected or accused persons do not always receive this information. Legislation and judicial practice differ considerably from one Member State to another. If suspects are not properly informed, the criminal proceedings may be unfair, which can give rise to unnecessary costs relating to delays in proceedings and to exercising appeal procedures and failed criminal investigations.
There are no rules at a high enough level, and those rules which do exist are not enforced properly. No minimum standards are established in the European Convention for the Protection of Human Rights and Fundamental Freedoms, and neither the Convention nor its enforcement mechanisms offer sufficient protection in all cases with regard to the provision of adequate information about rights and, in particular, about the charges. The manner in which these rights are reflected in Member States’ national practice varies. This reinforces the need for action at EU level. The Union’s instruments facilitating judicial cooperation between Member States are based on the principle of mutual recognition of judgments, and this semi-automatic recognition requires mutual trust between judges and courts.
The available data shows that the problem of insufficient information is very serious and is not limited to particular Member States. Therefore, by adopting this Directive, we are taking another particularly important step towards better protection of basic rights in the European Union.
In closing, I wish to thank the rapporteur and shadow rapporteurs for their excellent collaboration on this dossier, as well as the Commissioner for the commitment she has shown in adopting rules which improve the procedural rights of defendants in criminal trials."@en1
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