Transposition of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

We are very pleased to start working on a study that will assist the European Commission with the verification of the transposition of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.

Applicable to 25 Member States (Denmark and Ireland excluded), Directive (EU) 2016/800 aims to establish procedural safeguards to ensure that children – persons under the age of 18, who are suspects or accused persons in criminal proceedings – are able to understand and follow those proceedings and to exercise their right to a fair trial. The key safeguards guaranteed under the Directive consist, inter alia, of the right to information, the right to be assisted by a lawyer, and the use of deprivation of liberty only as a measure of last resort. Moreover, the objective of this Directive is to prevent children from re-offending and foster their social integration.

During the next 18 months, through desk research, legal mapping, and stakeholder interviews, Milieu will be conducting a completeness and compliance assessment of the measures adopted by each Member State. This assessment will enable the Commission to decide the necessary action to be taken to ensure compliance with the Directive and to initiate legal action if needed.