Open date: 28 February 2008
Close date: 10 April 2008
Responses published: 04 June 2008
A consultation setting out proposals to strengthen legal safeguards across the EU for people tried abroad in their absence.
The paper sought to improve judicial cooperation between EU states and secure tougher procedural rights for citizens in such cases. Your views were sought on a draft framework decision on trials in absentia, tabled by the Slovenian Presidency and co-sponsored by the UK.
Consultation paper
- Enhancing procedural rights and judicial co-operation in the EU consultation paper [PDF 0.30mb, 52 pages]
- List of questions for response [Word 0.06mb, 4 pages]
Responses
There were 11 responses to the consultation and they were generally supportive of the proposals. Specific concerns were raised around suspects' rights and the notion of a fair trial as developed by European Court of Human Rights case law - particularly in relation to the means of notification, the right to a retrial and effective representation.
The UK will continue to actively support the goal of reaching agreement on when foreign decisions made in absentia can be executed at the Justice and Home Affairs Council in June.
- Response to consultation [PDF 0.11mb, 13 pages]
Contact details
Magali Provensal
Office for Criminal Justice Reform
Better Trials Unit
Ministry of Justice
Fry Building Ground Floor SW
2 Marsham Street
London
SW1P 4DT
Tel: 020 7035 8316
Fax: 020 7035 8601
