ABSTRACT
The entry into force of the Treaty of Lisbon has opened the door to the adoption of European Union human rights law in the field of criminal procedure. Article 82(2) TFEU confers upon the Union express competence to adopt legislation on the rights of individuals in criminal procedure. The conferral of such competence is functional: it exists to the extent that it is necessary to facilitate the operation of mutual recognition in criminal matters. The extent of EU competence is further circumscribed to address national sensitivities on the potential impact of EU harmonisation on national law: the EU has competence to legislate in the field only in the form of Directives; the EU legislators can only adopt minimum rules; and it is stated expressly that such minimum rules must take into account the differences between the legal traditions and systems of Member States. On the basis of Article 82(2) TFEU, a number of measures on the rights of the individual in criminal procedure have been adopted. These are, thus far, a Directive on the right to interpretation and translation;1 a Directive on the right to information;2 and a Directive on the right of access to a lawyer.3 The Commission has also published a Green Paper on the application of EU criminal justice legislation in the field of detention4 and has tabled, in November 2013, a number of draft Directives on legal aid,5 procedural safeguards for children6 and the
1 Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, OJ L280, 26 October 2010, p. 1.
