Securing Defence Rights in Transnational Proceedings

Research output: Contribution to journalArticle

Authors

Colleges, School and Institutes

Abstract

This paper identifies and analyses problems and weaknesses standing in the way of the provision of an effective defence in transnational criminal proceedings. Drawing upon some key findings of the EuroNEEDs study, it extrapolates results from that examination of EU criminal justice as valid for all transnational justice settings. It is argued that the failure to recognise legally the difference between national and transnational proceedings leads to a lacuna. Transnational criminal law and justice mechanisms are recognised as developed above all as tools of repressive criminal procedure leaving individuals facing them stripped of their constitutional identities and corresponding protective rights. It is argued that those creating transnational criminal law and justice mechanisms must recognise and provide for a more balanced system to avoid such contexts acting as constitutional loop-holes and to ensure the provision of defence rights and procedural safeguards in such proceedings.

Details

Original languageEnglish
Pages (from-to)145-169
JournalEuropean Journal of Crime Criminal Law and Criminal Justice
Volume23
Issue number2
Early online date4 May 2015
Publication statusPublished - 2015

Keywords

  • Defence rights, transnational criminal law, transnational criminal justice, EuroNEEDs, EU criminal justice, procedural safeguards, constitutional guarantees,