Source: European Parliament
Member States are responsible for maintaining law and order and safeguarding internal security, and any action by national authorities, including national police officers, remains the responsibility of the Member State concerned, Italy in this instance.
The Commission attaches great importance to the respect for the procedural rights of suspects and accused persons. Based on proposals by the Commission, the EU has, since 2010, adopted six Directives, aiming at a high level of fair trial rights[1]. They cover important procedural rights, including the right of access to a lawyer without undue delay after deprivation of liberty.
Another key priority of the Commission is the rights of victims of crime. The 2012 Victims’ Rights Directive[2] provides for a set of rights to all victims of crime, including victims of crime committed by police officers, notably the right to be recognised and treated in a respectful, sensitive, tailored, professional and non-discriminatory manner.
In 2023, the Commission adopted a proposal for a revision of the Victims’ Rights Directive which aims to further strengthen the rights of all victims of crime, notably the most vulnerable victims.
Member States should promote and apply their law enforcement rules of conduct in full respect of their European and international human rights obligations.
According to these obligations, national authorities should investigate individual cases of reported police misconduct and ensure access to justice.
- [1] Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings; Directive 2012/13/EU on the right to information in criminal proceedings; Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty; Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and the right to be present at the trial; Directive (EU) 2016/800 on procedural safeguards for children who are suspects and accused in criminal proceedings; Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings.
- [2] Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57.