This document supports Fair Trials’ toolkit on the preliminary reference procedure before the Court of Justice of the EU (CJEU). It maps out the jurisprudence of the CJEU in relation to:
1. Directive 2010/64/EU – Right to Interpretation and Translation in Criminal Proceedings
2. Directive 2012/13/EU – Right to Information in Criminal Proceedings
3. Directive 2013/48/EU – Right of Access to a Lawyer in Criminal Proceedings
4. Directive 2016/343/EU – The strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
5. Directive 2016/800/EU – Procedural safeguards for children who are suspects or accused persons in criminal proceedings
6. Council Framework Decision 2002/584/JHA – Framework Decision on the European Arrest Warrant
7. Directive 2016/1919 – legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings
This document is designed to help criminal practitioners to visualise the development of the jurisprudence of the CJEU around EU criminal procedural rights, and also as a resource to find case law interpreting a certain right, provision, or term.