European Commission calls on the Netherlands and Portugal to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings

Commission calls on the Netherlands and Portugal to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings.

The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2024)2274) and Portugal (INFR(2024)2273), for failing to correctly transpose the Directive on the strengthening of the presumption of innocence and the right to be present at the trial in criminal proceedings (Directive 2016/343/EU). 

The Directive is one of six Directives adopted by the EU to create common minimum standards ensuring that the rights of suspects and accused persons to a fair trial in criminal proceedings are sufficiently protected across the EU. The Commission considers that certain national transposition measures notified by the two Member States fall short of the requirements of the Directive.

 In particular, the Commission found issues in the transposition of the scope of the Directive by both Portugal and the Netherlands. Moreover, both Member States have failed to correctly transpose the provisions on public references to guilt, on the use of measures of physical restraint in court or in public, on the burden of proof, the consequences of the use of the right to silence and not to incriminate oneself, certain provisions on trials in absentia and the right to a new trial, as well as on remedies available in case of breaches of the rights enshrined in the Directive. 

The Commission is, therefore, sending letters of formal notice to the Netherlands and to Portugal, which now have two months to respond and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. (source europa.eu/photo freepik.com)

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