In 2020, during the Covid-19 crisis, the ECBA adopted a Statement on videoconferencing in criminal proceedings, balancing opportunities for efficiency with risks to defence rights. Since then, the Statement has been cited in discussions with the European Commission and the High-Level Forum and by Advocate-General Medina in her opinion in Case C-760/22 before the Court of Justice of the European Union, while practice across Europe revealed persistent problems: outdated infrastructure, unclear legal frameworks, confidentiality concerns, and the misuse of trials in absentia.
The Working Group has therefore prepared a supplement in November 2024 and now proposes to renew the Statement. Key amendments include an explicit call to prevent trials in absentia by offering remote participation, a stronger link to existing EU instruments such as the European Investigation Order, Supervision Order and Arrest Warrant, and a clear reminder that videoconferencing must serve proportionality—avoiding unnecessary coercion, never justifying it. The revised Statement emphasises that it must be ensured that remote trials remain the exception and require the express consent of the defendant in all cases and all stages of the proceedings. Remote participation must never become the rule. It further sets out practical recommendations on infrastructure, confidentiality, and open justice in the digital era.
Coordinator
Gwen Jansen – de Wolf is a criminal defence lawyer in Amsterdam with a strong focus on cases involving digital evidence and international dimensions. She regularly acts in complex proceedings where technology and cross-border cooperation intersect.