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Monday 16th of July 2018

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White Paper on the EU Directive 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings


Dr. Stephanie Rap, Daniella Zlotnik LL.M., Céril van Leeuwen LL.M,. Prof. Dr. Ton Liefaard
International Juvenile Justice Observatory

Abstract

In May 2016 the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (hereinafter Directive on procedural safeguards for children or the Directive) has been adopted by the European parliament and the Council of the European Union. The Directive is legally binding for EU Member States and it should be implemented in national laws and regulations by June 2019. The Directive is part of the Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings and it is one of six directives coming into force. The aim of the Directive is to ensure effective protection of children in conflict with the law of their rights, throughout the EU. Mutual recognition of children’s (procedural) rights and safeguards and trust among Member States in ensuring these rights are important underpinnings of the Directive. Moreover, the Directive builds upon existing international and European legal instruments, such as the UN Convention on the Rights of the Child (UNCRC), the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the European Rules for juvenile offenders subject to sanctions or measures and the Guidelines on Child-friendly Justice.

In this White Paper, the Directive will be analysed in order to identify key issues for its effective implementation. 

Scope

European Union

Year Language

2018 English

Category Type

Grey Literature Guide

Keywords

Justice, Juvenile, Law, Legislation, Minors, Penal

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