Selected Standards of Preparatory Proceedings in European Legal Systems

Abstract

The subject of this article is an attempt to establish coherent standards for preparatory proceedings within European legal systems. Substantive, procedural, and executive criminal law in continental European countries share a common foundation in Roman law. Nevertheless, sovereign states are free—within the limits set by international law—to shape their legal provisions, particularly in this area. Despite numerous differences, the author argues that certain common elements can be identified which link the models of preparatory proceedings across European states. The author highlights shared standards in preparatory proceedings through the lens of accepted human rights protection frameworks, such as those established by the Council of Europe and the European Union, which exert significant influence on criminal law. Moreover, the article underscores a fundamental issue for the European model of preparatory proceedings: the involvement of judicial authorities in such proceedings, which ensures the protection of human rights and fundamental freedoms. In conclusion, the author points to the challenges and ongoing transformations occurring in the broadly understood domain of European criminal procedural law.