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This is a Comparative Research study.

September 10, 2025Open Access

Convergences and divergences between the EU and the ECHR systems of procedural guarantees in criminal law

Key Points

The research reveals significant overlap between the EU and ECHR systems of procedural guarantees, despite some differences.
Key evidence demonstrates that both systems largely align on fundamental principles of criminal law, enhancing legal protections.
A comparative analysis of primary sources from the EU and ECHR is utilized to support the findings on procedural guarantees.
The study underscores the importance of understanding both legal frameworks in the context of human rights and criminal justice.

Abstract

This article concerns the convergences and the divergences between the European Union (EU) and the European Convention on Human Rights (ECHR) systems of procedural guarantees in criminal law. It is a comparative research focusing specifically on primary sources of EU law, the ECHR, and the case law of the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR). The aim of this article is to draw up a comprehensive overview of the ECHR system to compare it with the EU system of procedural guarantees. This article starts off with the hypothesis that even though some differences are present between these two systems, they now largely overlap with each other. This hypothesis is proven in the article with the analysis of the ECHR and the EU systems of procedural guarantees with reference to the relevant legislation and case law of the ECJ and the ECtHR.

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