Documents: Fundamental rights - Procedural safeguards

This brief summarises the key developments about the rule of law in view of EU accession in North Macedonia from April to June 2023. It includes monitoring the fundamentals of EU accession, including key developments in the functioning of democratic institutions, public administration reform and chapter 23: judiciary and fundamental rights.

This brief summarises the key developments about the rule of law in view of EU accession in North Macedonia from January to March 2023. It includes monitoring the fundamentals of EU accession, including key developments in the functioning of democratic institutions, public administration reform and chapter 23: judiciary and fundamental rights.

This brief summarises the key developments in relation to rule of law in view of EU accession in North Macedonia for the period October – December 2022. It includes monitoring the fundamentals of EU accession, including key developments in the functioning of democratic institutions, public administration reform, and Chapter 23: judiciary and fundamental rights.

Article 49 TEU lays out the requirement for new members states: respect and promotion of EU values. Article 2 TEU/Article 19 TEU/Article 67 TFEU recognize that while states have different legal systems, they must respect common rule of law standards for assuring effective legal protection (effective remedy/fair trial). This right is entailed in Article 47 of the Charter of Fundamental Rights and Articles 6 and 13 of the European Convention on Human rights.

Article 4 of the Charter of Fundamental Rights of the European Union and various procedural rights lay out detention standards in the EU. The United Nations have established the following instruments in this area: Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol and UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), while the Council of Europe also sets out detention standards in the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

EU Legislation on victims' rights includes: • Victims' Rights Directive 2012/29/EU - Ensures minimum rights for all victims, all crimes • Directive European Protection Order 2011/99/EU + Regulation 606/2013 - Two instruments providing for mutual recognition of protection orders • Compensation Directive 2004/80/EC – Entailing obligation to set up national compensation scheme for victims of violent intentional crime

The Charter of Fundamental Rights was formally proclaimed in Nice in December 2000 by the European Parliament, Council and Commission and on 1 December 2009, with the entry into force of the Lisbon Treaty, the Charter was given binding legal effect equal to the Treaties. The Charter entrenches all the rights found in the case law of the Court of Justice of the EU; the rights and freedoms enshrined in the European Convention on Human Rights; other rights and principles resulting from the common, constitutional traditions of EU countries and other international instruments. It creates legal certainty in the EU, by making fundamental rights clearer and more visible.

The strengthening of procedural rights of suspected or accused persons in criminal proceedings in the European Union is done by adopting and implementing the following: • Directive 2010/64/EU (27/10/2013) - Right to interpretation and translation • Directive 2012/13/EU (02/06/2014) - Right to information • Directive 2013/48/EU (27/11/2016) - Right of access to lawyer • Directive (EU)2016/343 (01/04/2018) - Presumption of innocence and right to be present at one's trial • Directive (EU) 2016/800 (11/06/2019) - Procedural safeguards for children • Directive (EU) 2016/1919 (26/10/2016) - Legal aid

This brief summarises the key developments in relation to the rule of law in view of EU accession in North Macedonia for the period of July– September 2022. It includes monitoring the fundamentals of EU accession, including key developments in the functioning of democratic institutions, public administration reform, and chapter 23: judiciary and fundamental rights.