On 16 December 2015, the Permanent Representatives Committee (Coreper) approved a compromise text agreed with the European Parliament on a directive on procedural safeguards for children in criminal proceedings.
The purpose of the directive is to provide procedural safeguards for children (meaning persons below 18) who are suspected or accused of having committed a criminal offence. The directive will provide additional safeguards to those that already apply to suspects and accused adults.
Félix Braz, Luxembourg Minister for Justice and President of the Council said: "The agreement reached with the European Parliament is an important step forward for the European judicial area. This is the first binding instrument in this area and is a real breakthrough, particularly as regards the assistance of children by a lawyer. The new directive will contribute to enhancing mutual trust between the judicial systems of the Union."
A core provision of the directive relates to the assistance by a lawyer. Member states should make sure that the child is assisted by a lawyer, where necessary by providing legal aid. Other important provisions of the directive concern the provision of information on rights, the right to have an individual assessment, the right to a medical examination, and the right to audio-visual recording of questioning. It also provides special safeguards for children during deprivation of liberty, in particular during detention.
The text of the directive will now be revised by legal-linguists, and will subsequently be submitted to the plenary of the European Parliament and to the Council for adoption.
BackgroundSince 2009, the work in the European Union on strengthening procedural rights for suspects and accused persons in criminal proceedings has been carried out on the basis of the roadmap, which was adopted by the Council on 30 November 2009. The roadmap sets out a gradual approach towards establishing a full catalogue of procedural rights for suspects and accused persons in criminal proceedings. The European Council has made the roadmap part of the Stockholm programme, in which explicit reference was made to a measure on the presumption of innocence.
Three directives have already been adopted on the basis of the roadmap: Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, Directive 2012/13/EU on the right to information in criminal proceedings, and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. Recently, another directive has been agreed, on the presumption of innocence.
In March 2012 Serbia was granted EU candidate status. In September 2013 a Stabilisation and Association Agreement between the EU and Serbia entered into force.
Europe needs a positive agenda to define its future. We need real innovation, intelligent product design and quality, and that means we have to stop using sustainability concepts, which are only trying to correct unfixable errors in our old system. Sustainability is not innovative by definition. Innovations are disruptive and change the status quo, whereas sustainability preserves it. Efficiency rhetoric isn’t getting us anywhere, and for us to aspire only become less bad at what we do is simply not good enough.
Today, we have a socio-economic system that creates waste and harms people and the environment, suffers from design errors and lacks real quality. We have no other choice than to leave that linear economy behind. We are capable of thinking in a circular way and creating high-quality alternatives that are beneficial for people and nature. This would be a ‘Cradle to Cradle’ economy in which material flows, products, buildings and cities support a symbiotic relationship between ecological systems and economic growth. All materials would maintain their status as resources and could then be used over and over. New business models will enhance this transition in which Europeans pay for the use of a particular service, and not the ownership. The Cradle to Cradle design frees us from our current responsibility to reduce any negative environmental effects from our behaviour.
Overcoming fear and feelings of distrust will need more than bureaucracy and rules as a response. However different our cultural backgrounds might be, we all desire to live in a safe and healthy environment. When you’re unsure if companies and institutes can guarantee you this, people worry about the health of their children, family and friends. We don’t want to live in a Europe where we have to distrust consumer goods and the people providing them. Those feelings are based on fear, and are poisoning our society with greed and anger. If people feel safe, accepted and valued, they are always warm-hearted and generous – even the poorest of the poor. This is why it is so important to celebrate our human footprint. Although it is difficult to step out of our comfort zone and dare to question the fundamental errors causing the latest crises, we need to counter fear and tradition with inspirational approaches.
Without defending the European Legacy, we are undermining our human rights. Our economies, cultures, social relations and political systems are so intensively intertwined that all European countries and citizens cannot exist without each other. This continent of economic possibilities, a high quality of life and human values should consequently be protected, otherwise we will lose our global credibility and right to speak. But lasting prosperity, solidarity and peace are not things we can take for granted. Every day, now and in the future, we have to fight for these European conditions. People are capable of doing this without losing their sense of nationality – a person can have more than just one identity. Europe must stay a safety beacon, and one that we’re proud of.
In Europe, we celebrate our individuality and freedom but it remains a challenge to think differently. With the ongoing unification of our educational systems, individuals have freedom but are taught to think within standardised concepts. We need to respect people, and look at what they as individuals can do instead what they cannot. New social models can make it possible for people to extend their contribution to society and increase their dignity at the same time. Instead of Al Gore’s global warning to fight overpopulation wherever we can, Cradle to Cradle has another message: “Welcome to the planet, how nice it is that you are here!”
IMAGE CREDIT: FLICKR/PLAN C Vlaams transitienetwerk voor duurzaam materialenbeheer
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