The European Commission is expected next week to propose new rules to strengthen the rights of defendants in criminal proceedings across the European Union. The college of commissioners is scheduled to adopt three draft directives on 27 November, together with two recommendations to the member states, on strengthening the protection of vulnerable persons and ensuring access to legal aid in criminal cases.

The procedural rights of criminal defendants is a sensitive area of EU law, with member states guarding their national prerogatives and resisting moves that could make proceedings more expensive. An official said that such resistance was the reason behind issuing the recommendations, which are not binding on the member states. It is unlikely that the three draft directives will be adopted by the member states and the European Parliament in this legislative term, which ends with a plenary session in April 2014.

Viviane Reding, the European commissioner for justice, fundamental rights and citizenship, has made procedural rights in criminal cases a core focus of her tenure. Legislation on the right to interpretation, the right to information and the right to a lawyer has already been adopted.

The three directives are intended to strengthen aspects of the presumption of innocence and ensure that no trials are conducted in absentia; increase safeguards for minors; and ensure that suspects have access to legal aid at the early stages of criminal proceedings, when they may need it most.

This would include proceedings connected to the European arrest warrant, where the Commission is concerned that safeguards may be insufficient.

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