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Safeguarding suspects’ rights in Europe : a comparative perspective
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Hodgson, Jacqueline (2011) Safeguarding suspects’ rights in Europe : a comparative perspective. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2011/11).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=1948481
Abstract
This article analyses the protection of suspects’ rights within the relatively new sphere of EU criminal justice. It evaluates both EU and ECHR protections through the lens of comparative criminal justice, emphasizing the importance of understanding the ways that safeguards for suspects operate in practice across different jurisdictions. By linking together analysis of ECHR fair trial guarantees, EU measures to strengthen police and judicial cooperation, and comparative insights into the function of the defense lawyer, it brings a new perspective to the discussion of how best to protect suspects subject to EU cooperation measures. It challenges the effectiveness of mutual trust and recognition, which is the principle underpinning EU criminal justice cooperation, and which assumes ECHR compliance across Member States. In addition to uneven compliance and enforcement, ECHR protections lack the detail and prescriptive qualities required to protect adequately suspects subject to new EU measures for extradition and evidence sharing. Differences in criminal procedural tradition have made difficult any agreement on universal safeguards for suspects at the EU level, but the EU’s new incremental approach to defense rights through the Roadmap and recent ECHR caselaw have altered the legal landscape, giving cause for optimism.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 24 October 2011 | ||||
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Number: | Number 2011/11 | ||||
Number of Pages: | 56 | ||||
Institution: | University of Warwick | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
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Open Access Version: |
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