Formal notice to 7 member states for failing to fully transpose the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings

European Commission called on Germany, Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden to fully transpose EU rules on procedural safeguards for children in criminal proceedings.

The Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden as well as an additional letter of formal notice to Germany for failing to fully transpose the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (Directive(EU) 2016/800) into national law. This Directive aims to guarantee common minimum standards regarding the rights of children who are suspects or accused persons in criminal proceedings to ensure their right to a fair trial across the EU. 

The Commission considers that Germany, Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden have failed to correctly transpose some of the Directive's requirements linked to substantive rights. All seven Member States, have furthermore failed to fulfil the requirement to include a reference to the Directive in or accompanying the adoption of transposing measures. 

Therefore, the Commission decided to send letters of formal notice to Hungary, Netherlands, Austria, Romania, Slovakia and Sweden and an additional letter of formal notice to Germany. These Member States now have two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion. (source: europa.eu/photo: freepik.com)

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Editorial

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George Kazoleas, Lawyer

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