Improving Justice

ECBA drives legal change in Europe and beyond, ensuring fair and rights-based criminal justice policies. We work closely with European and global institutions, policymakers, and legal professionals to craft legislation that truly serves the needs of defence lawyers and upholds fundamental rights.

Shaping criminal law across Europe

… requires expertise, dedication, and an uncompromising commitment to justice.

ECBA plays an active role in legislative developments, offering insights from experienced European criminal defence practitioners, intervening in cases, participating in consultations, and advocating for laws that protect procedural safeguards and defence rights.
Our contributions influence key legal frameworks affecting criminal defence practice.

Where it started

The European Criminal Bar Association (ECBA) was founded in 1998 by defence lawyers determined to give a voice to the profession at the European level.

From the very beginning, our mission has been rooted in a simple yet ambitious idea: justice across borders must mean fair justice. In the early days, this meant challenging a fragmented legal landscape where procedural safeguards for suspects and accused persons were often vague, weak, or non-existent in cross-border cases.

Our first steps

… were not about launching campaigns or drafting declarations — they were about being in the room. In meetings with EU institutions, in expert groups, in legislative consultations.

It was from this groundwork that we helped shape the EU’s roadmap on procedural rights — from access to a lawyer and interpretation, to the right to information and legal aid. Not as abstract principles, but as enforceable rights.

What we do now?

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Participate in the consultation process

and give input to legislative proposals. Propose adaption of legislation and soft standards.

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Writing position papers

presenting collective legal views and contributing to policy debate.

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Third party interventions

acting as amicus curiae and providing useful perspectives for balanced decisions.

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Collaborate with other organisations

on cross-border initiatives, building networks and creating stronger common impact.

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Soundboarding for academics projects

platform for discussing policy initiatives and offering expertise from practicing lawyers.

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Publishing of supporting papers

in human rights issues, sharing knowledge and raising awareness among institutions.

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Monitoring and provide feedback

to implementation, assessing outcomes and proposing changes to improve application.

Procedural Safeguards

The ECBA strives to promote the highest standards of fairness in criminal justice and as a part thereof the establishment of strong Procedural Safeguards and Defence Rights. We actively monitor the implementation on the ground of EU directives and defence rights established in the European Convention on Human Rights (ECHR), participate in consultations, and collaborate with institutions and civil society partners to ensure that fair trial rights are more than just theoretical.

By anchoring its work in day-to-day defence practice, the ECBA has become a key force in making EU and ECHR procedural standards effective, enforceable, and responsive to the realities of criminal justice across Europe.

Legal Assistance & Legal Aid

Access to a lawyer is the key to exercise defence rights. Everyone suspected or accused of a crime should have the right to a lawyer and, if needed, financial support to access legal representation, including in cross-border cases. This ensures fairness regardless of income or status.

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Detention

Pre-trial detention must be lawful, necessary, proportionate, and subject to effective ad regular review. Safeguards protect against arbitrary detention. Non custodial alternatives must be available and prioritized. Humane conditions that respect dignity and health must be in place for every person deprived of their liberty.

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Privilege

Legal professional privilege protects confidential communication between lawyers and their clients. It is essential for building trust, securing an effective defence, and guaranteeing the right to a fair trial. Without robust protection of legal privilege — extending across borders — there can be no independent justice system or true rule of law.

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Remedies

Effective remedies must exist for violations of rights. If safeguards are breached, individuals must have access to redress, including exclusion of evidence or release from custody.

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Evidence

The collection, handling, and presentation of evidence must respect fairness and legality. Accused persons must have the right to challenge effectively and access all relevant material and to present their own evidence.
The need to protect these safeguards is even more acute in today’s context of digitalisation.

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Vulnerable Suspects

Children, persons with disabilities, and others in vulnerable situations require special protection to ensure they understand proceedings and can fully exercise their rights. Procedural Safeguards for vulnebrable persons must adequately compensate for their vulnerabilities.

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Read more about Procedural Safeguards

Who we are here for?

Policy Making Bodies

Courts & judicial bodies

Academics

Lawyers organisations

NGOs

We offer a newsletter for each of these areas – click here to stay up to date!

Why Partner with ECBA?

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Access to a pan-European network

of practising defence lawyers and legal experts.

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Contributions from lawyers

experienced in strategic litigation and EU law.

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Participation in joint advocacy

at the EU level and representation in policy hearings.

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Support for training, research, and capacity building

related to criminal defence, human rights, and rule of law.

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Collaboration

on position papers, shadow reports, and campaign messaging that require legal accuracy and authority.

Official statements

Drafting and Publishing Statements

The HRC publishes expert statements on judicial independence, lawyer-client privilege, and fair trial rights – driving policy reform and solidarity across Europe and beyond.

Latest Posts

Drafting and Publishing Statements

The HRC publishes expert statements on judicial independence, lawyer-client privilege, and fair trial rights – driving policy reform and solidarity across Europe and beyond.