Pre-trial Detention of Foreigners in the European Union

Voislav Stojanovski
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Voislav Stojanovski: Masaryk University,Faculty of Law, Brno, Czech Republic;

Annals - Juridical Science Series, 2009, vol. 2, 85-108

Abstract: Every year in Europe, an estimated 10.000 European citizens are arrested and placed in pre-trial detention in a member state other than their country of residence. 80% of them could be transferred. A person kept in custody in a foreign state may be cut off from family and social ties and lose his job. This is not in line with Article 6 of the Treaty on the EU which states that: “The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law”. In order to address this issue, the EU Council has recently adopted a proposal that will enable European citizens who are arrested in another state to return to their country of origin pending trial. The aim of this paper is to explicate the current situation in relation to foreign pre-trial detainees in the EU and present the international legal bases in the area of pre-trial detention. It furthermore examines the importance of adopting an instrument in the form of a Framework Directive which would reinforce the right to liberty and the presumption of innocence in the EU and would decrease unequal treatment of non-resident suspected persons.

Keywords: pre-trial detention; the rule of law; judicial authorities (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2009
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Persistent link: https://EconPapers.repec.org/RePEc:cbu:jrnlju:y:2009:v:2:p:85-108

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