The Council held a policy debate on the
proposal for a directive on procedural safeguards for children who
are suspected or accused in criminal proceedings. The proposal aims
to ensure that children are able to understand and follow the
criminal proceedings to which they are subject, and that they can
exercise their right to a fair trial.
It also seeks to prevent reoffending by children and
foster their social integration.
The debate was focused on the following
issues:
- scope: according to the
proposal, the directive also applies to suspects and accused
persons who are adults, if these persons were children when they
committed the criminal offence and the criminal proceedings started
when they were children. While certain Member States consider that
the directive should no longer apply when the suspect or accused
person comes of age, other Member States consider that certain
rights should continue to apply in that situation;
- right of access to a lawyer: the proposal provides that Member States must ensure
that children are assisted by a lawyer throughout the criminal
proceedings in accordance with Directive 2013/48/EU and that the
right of access to a lawyer cannot be waived. A large majority of
Member States confirmed that children should not be able to waive
their right of access to a lawyer, independently of whether or not
they are deprived of liberty. Some exceptions for minor cases
should however apply;
- right to protection of privacy: according to the proposal, Member States must ensure
that criminal proceedings involving children take place in the
absence of the public, unless, after due consideration of the best
interests of the child, exceptional circumstances justify a
derogation. A large majority of Member States favour, or can at
least accept, the option whereby the directive would not contain
any principle on the issue of the protection of privacy, but that
Member States should ensure such privacy, taking the interests of
children duly into account.
On the basis of this guidance, the preparatory bodies
of the Council will continue the work on the proposal. The
Presidency aims to reach agreement on a general approach on the
text in June, which will then constitute the basis for the
negotiations with the European Parliament.