The evolution of European Union criminal law (1957-2012)

“(…) does not call into question the applicability of the Charter in the United Kingdom
or in Poland (…) Article 6 TEU requires the Charter to be applied and interpreted by
the courts of Poland and of the United Kingdom (…)” 987
Similarly, Craig and de Búrca, note that it is unlikely that the Protocol will have any
significant effect in practice. This is because it does not overturn the CJEU’s earlier case
law on fundamental rights, which was based on general principles of EU law, which are
in turn, also not overturned by the Charter. 988 Likewise, this is also the opinion of the
House of Lords who noted that the Charter will apply in the UK and the Protocol may
serve as an interpretative guide to the former. 989
4.2. The development of criminal procedure
The relationship between the EU and procedural rights in criminal matters - at the core
of many criticisms of imbalance in ECL 990 - is also significantly improved by the TFEU,
which grants clear competence for the EU to legislate in procedural criminal law (even if
limited to facilitation of mutual recognition). 991
This has, in fact, been a dynamic domain of ECL ever since the entry into force of the
Treaty of Lisbon. The Council has laid down the EU’s plan of action in this domain
through two main resolutions, establishing road maps for the adoption of future
measures on suspects’ and defendants’ rights as well as on victims’ rights. 992
In relation to the rights of victims, the Council’s Roadmap for strengthening the rights
and protection of the victims, particularly in criminal proceedings, 993
planned the
revision of previous measures and some further recommendations on guidance and best
practices and the protection of victims also in civil proceedings. 994 A Directive on the
European protection order has already been adopted. 995
This instrument expands the
protection of victims by allowing a judicial or equivalent national authority in a Member
State—in which a measure protecting a person against a criminal act by another person
987 Case C-411/10 and C-493/10, supra note 735, 119-120.
988 P. Craig and G. De Búrca, EU Law, 395, supra note 500.
989 House of Lords – European Union Committee, The Treaty of Lisbon: an impact assessment,
supra note 552, 102.
990 See chapter 3.
991
Article 82 (2) TFEU.
992 Resolution of the Council of 30 November 2009 on a Roadmap for strengthening procedural
rights of suspected or accused persons in criminal proceedings, OJ C 295/1 [2009]; and
Resolution of the Council of 10 June 2011 on a Roadmap for strengthening the rights and
protection of victims, particularly in criminal proceedings, OJ C 187/1 [2011].
993 Resolution on a Roadmap for strengthening the rights and protection of victims, ibid..
994 Idem..
995 Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on
the European protection order, OJ L 338/2 [2011].
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