Challenges of Trial Procedure Reform

Abstract

This chapter examines the impact of European Union legislation on trial procedure reforms in EU Member States’ national criminal justice systems. It first considers the harmonization of procedural rights in the EU from the initial concept of mutual recognition, focusing on the legislative efforts to strengthen the rights of suspects and accused persons as well as the rights of victims in the trial phase, before discussing European rules for the admissibility and assessment of evidence. It then uses the European Public Prosecutor’s Office (EPPO) as an example to highlight the potential impact of supranational institutions on national trial proceedings. It shows that the criminal trial itself is subject to European influences, noting that the EPPO-Regulation contains some rules for the preliminary question of where the trial will take place.