A European criminal law ombudsman should be appointed to counteract the imbalance that favours the prosecution in cross-border cases, the Council of Bars and Law Societies of Europe (CCBE) has said.

The CCBE warned that there is 'an urgent need for a new form of cross-border protection' of defence rights to counterbalance the work being done by Europol and Eurojust in law enforcement.


Under its proposals, the ombudsman's main role would be to protect the rights of suspects, defendants and those under investigation in trans-national cases.


Hellwig: a progressive step

They would also deal with complaints in relation to the proposed European arrest and evidence warrants, be able to approach the European Commission for assistance, and help locate legal aid or legal assistance if required.

The CCBE suggested that the ombudsman should be a criminal defence lawyer in independent practice, acting as chair of a college of criminal defence lawyers drawn from each member state.


Hans-Jurgen Hellwig, CCBE president, said: 'The CCBE believes that this independent institution will be a progressive step in dealing with the present imbalance.'


Law Society President Edward Nally said: 'The Society believes the creation of a European criminal law ombudsman is an important step. The ombudsman will oversee monitoring and reporting practices on the standard of justice in each member state and in cross-border cases.'


An effective system across Europe will be developed if solicitors can rely on the consistent application of the administration of justice in every state, he added.