Procedural Safeguards
Turning Legal Safeguards Into Lived Rights
We actively monitor the implementation of EU directives, 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 procedural standards effective, enforceable, and responsive to the realities of criminal justice across Europe.
The ECBA also monitors the practical implementation of Procedural Safegaurds and Defence Rights throughout the Council of Europe, as established in the European Convention on Human Rights (ECHR).
Procedural Safeguards
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.
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.
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.
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.
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.
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.
Advancing the Rule of Law Through Effective Defence Rights
The establishment and enhancement of Procedural Safeguards across the European Union and Council of Europe member states is a key policy objective of the ECBA.
Our entire organization — including all working groups — contributes to this crucial area of work, which is overseen by the Executive Committee.
Particular leadership is provided by our Chair, Vânia Costa Ramos, and Vice-Chairs Amedeo Barletta, Rebecca Niblock, Miroslav Krutina, and Gwen Jansen - de Wolf (pictured from left to right).
If you are an ECBA member and would like to take a more active role in advancing our work on Procedural Safeguards and Defence Rights, please contact the Secretariat and include a brief outline of your interest and relevant experience.
Contact: procedural.safeguards@ecba.org
Official statements
ECBA & LATR Joint Submission: Reforming INTERPOL’s Oversight – March 2026
The ECBA and Lawyers Against Transnational Repression (LATR) have submitted a joint response to INTERPOL’s Committee on the Processing of Data (CPD) regarding proposed amendments to the CCF Statute.
Safeguarding INTERPOL’s Systems: Recommendations for Reform – February 2026
The ECBA and Lawyers Against Transnational Repression (LATR) have submitted a joint response to INTERPOL’s Committee on the Processing of Data (CPD) regarding proposed amendments to the CCF Statute.
ECBA Responds to EU Commission’s AI Act Consultation – January 2025
The ECBA has submitted its response to the EU Commission’s consultation on the AI Act (Regulation (EU) 2024/1689), focusing on several aspects affecting criminal law and procedure.
ECBA Response to INTERPOL CPD Call for Papers – October 2025
The European Criminal Bar Association (ECBA) submitted a response to the Committee on the Processing of Data (CPD)’s call for contributions in relation to...
The ECBA calls with Fair Trials, EDRi and civil society on the EU Council, EU Parliament and EU states to ban predictive systems in policing & criminal justice – March 2022
The ECBA joins the Fair Trials and European Digital Rights initiative and civil society call on the Council of the European Union, the European...
ECBA Response to Commission Non-paper on Detention Conditions and Procedural Rights in Pre-Trial Detention – October 2021
On 6 October 2021 the ECBA issued a response to the Commission non-paper on detention conditions and procedural rights in pre-trial detention (24...
ECBA press release – LIBE vote on Directive on access to a lawyer – June 2013
Please click here to read the press release. Enhanced rights for accused persons agreed by Irish Presidency The Irish Presidency today secured agreement...
Joint briefing on the Directive on the right of access to a lawyer in criminal proceedings and the right to inform a third party upon deprivation of liberty – April 2013
Click here for the joint NGO briefing of 15 April 2013 submitted to the EP (Rapporteur and shadows) and to the Council ahead of the trilogue on Wednesday,...
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