On Wednesday 4 November 2015, the Committee of Permanent Representatives (Coreper), on behalf of the Council of the EU, approved a compromise on a directive which will aim to strengthen certain aspects of the presumption of innocence and will guarantee the right for the accused to be present during their trial.
The Directive, the result of a compromise agreed in trialogue with the European Parliament, will aim to enhance the rights of suspects and accused persons by setting common minimum standards and ensuring respect for the right to a fair trial throughout the European Union.
The text of the Directive, as it has been negotiated between the European Council, Parliament and Commission, is based on the principle of presumption of innocence as it has been defined over time by the case-law of the European Court of Human Rights. This right to presumption of innocence and the rights associated with it contribute to ensuring the effectiveness of judicial cooperation between Member States by strengthening mutual trust between judicial systems.
"The agreement reached under the Luxembourg Presidency during the trialogue with the European Parliament on the Diretive on the presumption of innocence is an important step for building the common European judicial space," commented Luxembourg Minister of Justice and President of the JHA Council. "The presumption of innocence is a fundamental principle of criminal procedure and is one of the most important rights of defense. This decision will strengthen within the EU the rights of suspects and accused persons by setting common minimum standards governing the constituent rights of fair trial".
Followig approval by Coreper, the Directive will now be submitted to vote at the European Parliament and the Council for adoption.
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