The directives on procedural rights for suspects and accused persons: a constitutional perspectivePhD student: Mr G. Dipietro
Promotor: Mrs Dr E. Muir
Duration: 1/10/2025 - 30/9/2029
Abstract:
My research aims at an original top-down constitutional analysis of the six EU Directives on procedural rights for suspects and accused persons, enacted by the EU legislator between 2010 and 2016. The impact of the procedural rights Directives is unprecedented, for the scale of harmonisation of fundamental rights, the codification of ECtHR case law and the degree of intrusion in a core area of national sovereignty such as criminal law. The analysis focuses on the impact of harmonisation on: 1. the scope of EU fundamental rights of suspects and accused persons; 2. the intersection between sources of protection of fundamental rights of suspects and accused persons; 3. the diversity of national criminal law systems of protection of fundamental rights of suspects and accused persons.