Strengthening the protection of the right to remain silent at the investigative stage: what role for the EU legislator?

Anna Pivaty*, Ashlee Beazley, Y. Daly, Dorris de Vocht, Peggy ter Vrugt

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

This article reflects on the possible contribution of the European Union towards safeguarding the right to silence at the investigative stage of criminal proceedings in EU Member States. The analysis is not limited to the Directive 2016/343/EU and other procedural rights' Directives. Rather, it focuses on the role of the EU as a legal and political player, pursuing the goal of enhanced protection of procedural rights in criminal proceedings. The article first examines compliance of the legal provisions of the four examined jurisdictions with the Directive. It then identifies the relevant areas, not addressed or insufficiently addressed in the existing EU instruments, which appear problematic as far as the effectuation of the right to silence is concerned. The article argues that a more detailed binding EU regulation is not an appropriate solution to address the existing problems. Instead, it suggests that the EU legislator should consider other, more indirect means of action.

Original languageEnglish
Pages (from-to)427-448
Number of pages22
JournalNew Journal of European Criminal Law
Volume12
Issue number3
DOIs
Publication statusPublished - Sep 2021

Keywords

  • CRIMINAL PROCEEDINGS
  • European Union
  • Right to silence
  • SOFT LAW
  • directive 2016/343
  • investigative stage
  • legal regulation

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