Infringements package
In its October 2024 announcements on infringement proceedings (October 2024 package), pursuant to Article 258 TFEU, the European Commission stated that, in its view, Sweden has not transposed the presumption of innocence and the right against self-incrimination during criminal proceedings under Directive 2016/343.
The Directive concerns, inter alia, certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, and the strengthening thereof.
The Directive
Directive 2016/34 is one of six EU directives that create common minimum standards ensuring a fair trial and that the rights of suspects and accused persons in criminal proceedings are sufficiently protected across the EU.
The Commission considers that certain national transposition measures notified by the a number of Member States fall short of the requirements of the Directive. Sweden is one of these Member States.
Sweden and the Directive
With regard to Sweden, the Commission considers it has failed to correctly transpose a number of provisions of the Directive, namely:
- the presumption of innocence,
- the consequences of the use of the right to silence, and,
- the right against self-incrimination.
The Commission has therefore sent a letter of formal notice to Sweden. Sweden has until early December to respond and address the shortcomings raised by the Commission.
In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The infringement
The case against Sweden (INFR(2024)2208) can be found of the Commission’s infringement database here.