Adult Suspect Vulnerability in European Criminal Procedure: (At Least) 5 Reasons Why it is Time for the EU to Take the Stage

Vulnerability can be understood as the inability to exercise or understand procedural rights. While the EU has acknowledged the need to protect vulnerable suspects since the late 90s, to date there is no dedicated binding instrument. This leaves the Member States significant discretion when it comes to regulating who counts as ‘vulnerable suspect’ and who is entitled to receive support. This research examines whether, in light of the development of the Area of Freedom, Security, and Justice (AFSJ) and the increasing reliance on mutual recognition instruments, there would be added value in adopting a common, binding European definition of ‘adult suspect vulnerability’. To do so, this research employs both doctrinal and normative legal research methods, with a view to analyse and evaluate the current legal framework in EU law. After establishing that there exists a legislative gap in the protection of vulnerable adult suspects in EU law, this research first proposes two solutions to fill such a gap, and subsequently puts forward five arguments as to why there would be an added value in harmonising the definition of ‘vulnerable adult suspect’. Ultimately, the research argues that establishing a European conceptualization of vulnerability would enhance legal certainty, ensure consistent protection across Member States, and reinforce mutual recognition within the EU legal framework.