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Fair Trial Rights in the European Union: Reconciling Accused and Victims’ Rights

  • André KlipEmail author
Chapter

Abstract

After many years of concentrating on legislation with a repressive component, the EU has finally embraced the defence. Since 2010, it has legislated various defence rights as part of a road map for more citizen’s rights. What are these rights and to which extent are they different than the rights already guaranteed by the ECtHR? How do these rights compete or balance with the rights given the victims? This paper brings all these developments together and sketches the steps towards building up the rights-component of European criminal law.

Keywords

Defence rights Victim’s rights European criminal law Minimum rules Harmonisation Fair trial 

References

  1. Braun K (2013) Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure. German Law J 14(9):1889–1908Google Scholar
  2. Brienen MEI, Hoegen EH (2000) Victims of crime in 22 European criminal justice systems. Wolf Legal Productions, NijmegenGoogle Scholar
  3. Groenhuijsen MS (2014) The development of international policy in relation to victims of crime. Int Rev Victimol 20(1):31–48CrossRefGoogle Scholar
  4. Klip A (2016) European criminal law - an integrated approach, 3rd edn. Intersentia, CambridgeGoogle Scholar
  5. Klip A, Freeland S (2013) Annotated leading cases of international criminal tribunals, vol 40. Intersentia, AntwerpenGoogle Scholar
  6. Tonellato M (2012) The victim’s participation at a crossroads: how the international criminal court could devise a meaningful victim’s participation while respecting the rights of the defendant. Eur J Crime Crim Law Crim Just 20(3):315–359CrossRefGoogle Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.University of Maastricht, Faculty of LawMaastrichtThe Netherlands

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