Right to Effective Legal Remedy in Criminal Proceedings in the EU. Implementation and Need for Standards

Abstract

In order to secure rights and guarantees provided by the legal system of the European Union, legal acts in the field of the criminal cooperation refer to the right to an effective remedy. Given that, two instruments are particularly impor­tant as they were the first to aim to set the standard and frame for the effective remedy conceptual framework: the Directive 2013/48/EU and the Directive (EU) 2016/343. The Authors analyse the legislation process within that context, the ap­proach of Member States, (non)existing standards and related consequences, such as the possibilities of proper implementa­tion of the right to the effective remedy into the national legal systems, verification of that process as well as the chances to achieve the harmonisation of minimal standards of the protec­tion of fundamental rights in the area of criminal proceedings in the EU.