Fair Trial’s Senior Legal Officer Chryssa Mela attended the High-Level Forum on the Future of EU Criminal Justice. This event is organised by the European Commission and the Polish Presidency of the Council of the European Union on 4-5 March 2025 in Brussels. The aim of the Forum is to develop a common vision for actions of legislative and non-legislative character for the next five years.
Participants included the Mr. Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, Mr. Javier Zarzalejos, Chair of the Committee on Civil Liberties, Justice and Home Affairs, the European Commission, 27 Member States, the European Fundamental Rights Agency (FRA), Eurojust, EPPO and various other expert organisations such as the ECBA and CCBE.
During The Forum, the discussion among participants was divided into:
(1)The Future of EU Substantive Criminal Law on day one,
(2) The Future of Judicial Cooperation and Mutual Recognition and
(3) The Future of Procedural Safeguards on day two.
Fair Trials focused on the overuse of pre-trial detention and its impact on prison overcrowding, discriminatory patterns, and the need for a legally binding instrument to harmonize existing criteria for assessment. Given the underutilisation of alternative measures, we also highlighted the need to strengthen the implementation of the European Supervision Order, alongside closer monitoring of the six Procedural Rights Directives, which face flaws in practice.
We encouraged a binding legislative initiative for a Procedural Directive on vulnerable individuals, including persons with disabilities, in alignment with international human rights standards. Additionally, we deem it necessary to establish binding legislation on verifying the legality of evidence.
Overall, Fair Trials advocates for strengthening mutual trust and recognition by enhancing Member States’ criminal justice procedures through a transparent, fundamental rights-based approach. Given the unprecedented attack on democratic values worldwide, now is the time for positive engagement and robust implementation of procedural rights.
