Council Framework Decision with regard to in absentia Judgments

The ECBA accepts and appreciates the good intent of the Slovenian presidency to start an initiative in terms of strengthening procedural safeguards in the European Union. However, in our view these good intentions have been misdirected as the current proposal simply facilitates the execution of in absentia judgments.

The political signal has to be very clear and strong that in absentia judgments are by their very nature a violation of the  fundamental procedural rights of the accused.  he only possibility to improve the idea of mutual recognition concerning in absentia judgments in relation to European Arrest Warrants would be if the requirement is not the alternative of either a proper summons or the chance for a serious re-trial but that both of these procedural safeguards are available to the accused.

The ECBA offers its collaboration in this field of discussion as we are able to deliver a great deal of experience illustrating where the system of in absentia judgments continues to fail in practice.

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30 May 2008.