Relationship of the EU Framework Decision to the ECHR: Towards the fundamental principles of criminal procedure

This article discusses the desirability of EU action to complement the protection offered by the European Convention on Human Rights to suspects in criminal proceedings. Implementation of the mutual recognition principle should not tip the balance too far in favour of law enforcement and prosecution interests. The authors argue that increased efficiency in the protection of basic procedural rights is also urgently needed as a pre-condition for further mutual recognition of criminal judgments. The article also theorises on the harmonisation of criminal procedure in the light of considerations relating to the ‘equality of arms’. Such equality is not naturally present in the criminal process, particularly during police questioning and investigations. Decisions about how far to restrict state power in criminal investigations will depend on the attitude to authority in a particular country.