scholarly journals The role of victims’ lawyers in criminal proceedings in the Netherlands

2020 ◽  
pp. 147737082093185 ◽  
Author(s):  
Nieke A Elbers ◽  
Sonja Meijer ◽  
Iris M Becx ◽  
Arlette JJG Schijns ◽  
Arno J Akkermans
Keyword(s):  
The Netherlands ◽  
Added Value ◽  
Criminal Proceedings ◽  
Literature Study ◽  
Case File ◽  
Eu Directive ◽  
Sex Offences ◽  
The Right ◽  
The Eu

The role of the victim in the criminal trial process has evolved considerably in recent decades. On a European level, an important driver has been the EU Directive 2012/29/EU, according to which European countries are legally bound to afford certain rights to crime victims. In the Netherlands, the EU Directive has instigated several extensions of existing victims’ rights, and in the Code of Criminal Procedure a separate section has been devoted to the victim. The current study specifically addresses one of the victims’ rights, that is, the right to be legally represented. The Dutch government has financially invested in access to and specialization of victim lawyers in order to promote the realization of victims’ rights, specifically for victims of serious crimes and sex offences. The goal of the current study was to investigate the added value of victim lawyers and the extent to which they contribute to the fulfilment of victims’ rights in the criminal law process. A literature study was conducted to examine legislation pertaining to victims’ rights; a questionnaire study was conducted to investigate the perspective of victim lawyers ( n = 148); and interviews were conducted to examine the perspective of the police, Victim Support Netherlands, Public Prosecuting Service, and criminal courts ( n = 17). The results show that victim lawyers were important to the realization of victims’ rights. They were considered most necessary with respect to the right to claim compensation and with respect to the right to gain access to the case file. They were also required because victims’ rights have not yet been smoothly incorporated into legal practice. In addition, victim lawyers’ presence in the courtroom was considered important because it contributes to victims experiencing that they are taken seriously. It has been concluded that the support of victim lawyers is an important contribution to victim participation in criminal proceedings.

The European Union and the Rights of Individuals in Criminal Proceedings

2019 ◽  
pp. 114-136
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
European Union ◽  
The European Union ◽  
Criminal Proceedings ◽  
Eu Directive ◽  
Transformative Potential ◽  
Right To Information ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
The Eu

This chapter considers the secondary legislation that has been adopted by European Union institutions under Article 82(2) TFEU (Treaty on the Functioning of the European Union) in the field of procedural rights in criminal proceedings. Article 82(2) TFEU is included in the Lisbon Treaty conferring to the EU express competence to adopt minimum standards on criminal procedure. The chapter first provides an overview of the EU Directive on the right to interpretation and translation, the right to information, the right of access to a lawyer, the right to legal aid, procedural rights of children, and presumption of innocence. It then discusses some of the key challenges in reaching agreement on EU standards on procedural rights in criminal proceedings, before concluding with an analysis of the transformative potential of EU law on procedural rights when viewed within the broader constitutional and institutional context of the EU.

scholarly journals The Future Of Court Interpreting In Croatia

2014 ◽  
Vol 38 (1) ◽  
pp. 59-81
Author(s):  
Katja Dobrić
Keyword(s):  
State Government ◽  
The European Union ◽  
Criminal Proceedings ◽  
National Courts ◽  
Eu Directive ◽  
Court Interpreting ◽  
The Right ◽  
Short Time ◽  
The Eu

Abstract Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation

scholarly journals Strengthening the protection of the right to remain silent at the investigative stage: What role for the EU legislator?

2021 ◽  
pp. 203228442110283
Author(s):  
Anna Pivaty ◽  
Ashlee Beazley ◽  
Yvonne M Daly ◽  
Dorris de Vocht ◽  
Peggy ter Vrugt
Keyword(s):  
The European Union ◽  
Criminal Proceedings ◽  
Eu Member States ◽  
Existing Problems ◽  
Legal Provisions ◽  
Right To Silence ◽  
The Right ◽  
Procedural Rights ◽  
The Eu

This article reflects on the possible contribution of the European Union towards safeguarding the right to silence at the investigative stage of criminal proceedings in EU Member States. The analysis is not limited to the Directive 2016/343/EU and other procedural rights’ Directives. Rather, it focuses on the role of the EU as a legal and political player, pursuing the goal of enhanced protection of procedural rights in criminal proceedings. The article first examines compliance of the legal provisions of the four examined jurisdictions with the Directive. It then identifies the relevant areas, not addressed or insufficiently addressed in the existing EU instruments, which appear problematic as far as the effectuation of the right to silence is concerned. The article argues that a more detailed binding EU regulation is not an appropriate solution to address the existing problems. Instead, it suggests that the EU legislator should consider other, more indirect means of action.

scholarly journals Access to a Lawyer in Proceedings for Minor Offences Under Polish and European Union Law

2020 ◽  
Vol 41 (2) ◽  
pp. 175-196
Author(s):  
Iwona Magdalena Bień-Węgłowska
Keyword(s):  
Legal Assistance ◽  
Legal Counsel ◽  
Legal Analysis ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
European Union Law ◽  
Eu Directive ◽  
The Right ◽  
Right Of Access ◽  
The Eu

The Article deals with the opportunity for a suspected person and the passive party in the proceedings for offences to exercise the right of access to a lawyer and the right of legal counsel. The aim of the article is to provide a comparative legal analysis of the provisions of the Code of Procedure in Minor Offences against the background of the EU guarantees under Directives 2013/48/EU and 2016/1919/EU. Directive 2013/48/EU deals with one of the two aspects of the aforementioned right: namely the right of access to a lawyer for suspects and accused persons in criminal proceedings, while the right to legal aid and to state-guaranteed legal assistance in certain circumstances is regulated by Directive 2016/1919/EU.

scholarly journals The Right to Silence in the EU Directive 2016/343 on the Strengthening of Certain Aspects of the Presumption of Innocence from the Perspective of Polish Criminal Proceedings

2020 ◽  
Vol 41 (2) ◽  
pp. 55-80
Author(s):  
Andrzej Sakowicz
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Core Component ◽  
Eu Directive ◽  
Right To Silence ◽  
The Right ◽  
The Eu

The right to remain silent is one of the most fundamental principles of domestic and international criminal law. It’s is also closely related to the presumption of innocence. As the responsibility is placed on the prosecution to prove the guilt of a person it follows that the accused should not be forced to assist the prosecution by being forced to speak. The right to remain silent expresses the individual’s right not to be compelled to testify against himself or to confess guilt. Its core component is the freedom to choose whether or not  to give answers to individual questions or to provide explanations. To use against the suspected silence under police questioning and his refusal to testify during trial amounted to subverting the presumption of innocence and the onus of proof resulting from that presumption: it is for the prosecution to prove the accused’s guilt without any assistance from the latter being required. This article has to objectives. Firstly, to interpret the right to remain silent in the light to of the Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceeding. Secondly, the  Directive 2016/343 can be used as reference to evaluate a degree to which Polish legal solutions conform to the Directive in question, giving rise to several postulates  in  that  matter. The analysis will also include shortages and problems resulting from imperfect Polish criminal process in that field.

The adaptation of design thinking in auditing

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Linda MEIJER-WASSENAAR ◽  
Diny VAN EST
Keyword(s):  
The Netherlands ◽  
Design Thinking ◽  
Public Organizations ◽  
Design Framework ◽  
The Right ◽  
The Way

How can a supreme audit institution (SAI) use design thinking in auditing? SAIs audit the way taxpayers’ money is collected and spent. Adding design thinking to their activities is not to be taken lightly. SAIs independently check whether public organizations have done the right things in the right way, but the organizations might not be willing to act upon a SAI’s recommendations. Can you imagine the role of design in audits? In this paper we share our experiences of some design approaches in the work of one SAI: the Netherlands Court of Audit (NCA). Design thinking needs to be adapted (Dorst, 2015a) before it can be used by SAIs such as the NCA in order to reflect their independent, autonomous status. To dive deeper into design thinking, Buchanan’s design framework (2015) and different ways of reasoning (Dorst, 2015b) are used to explore how design thinking can be adapted for audits.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

Turkey and Europe: The Role of Migration

2013 ◽  
Vol 21 (3) ◽  
pp. 394-399
Author(s):  
Pieter Emmer
Keyword(s):  
European Union ◽  
Political Parties ◽  
The Netherlands ◽  
The European Union ◽  
Full Member ◽  
Turkish Immigrants ◽  
Eu Member States ◽  
The Difference ◽  
The Eu

In spite of the fact that negotiations have been going on for years, the chances that Turkey will eventually become a full member of the European Union are slim. At present, a political majority among the EU-member states headed by Germany seems to oppose Turkey entering the EU. In the Netherlands, however, most political parties are still in favour of Turkey's membership. That difference coincides with the difference in the position of Turkish immigrants in German and Dutch societies.

scholarly journals Notary Role In Making The Establishment Of The Deed Of Business Cooperation In The Rembang District

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 573
Author(s):  
Zaenal Arifin ◽  
Aryani Witasari
Keyword(s):  
Small And Medium Enterprises ◽  
Secondary Data ◽  
Literature Study ◽  
Formation Stage ◽  
Cooperative Development ◽  
Preparation Stage ◽  
Cooperative Enterprises ◽  
The Right ◽  
Medium Enterprises

The purpose of this study was to analyze: 1) The implementation of the Deed of Establishment of Cooperative manufacture in Rembang. 2) The role of the Notary as the maker of the Deed of Establishment of Cooperative Enterprises. 3) Barriers and solutions in the Deed of Establishment of Cooperative Development in Rembang.The approach method in this research is juridical empirical, data sources used are primary and secondary data obtained through interviews and literature study, performed data analysis by descriptive analytic.Results of the research results can be concluded: 1) Implementation of Creation Deed of Establishment of Cooperative in Rembang which starts with the preparation stage of formation, preparation stage meetings of formation, stage meetings of formation, stage request for approval rights of legal entities cooperatives, and the stage of issuance of the deed pendiiran and 2) As the role of Notary Deed of establishment of cooperative enterprises in Rembang is as maker deed of cooperative efforts. Notaries have the right authority / legal standing in a deed of incorporation of cooperatives. 3). Obstacles and solutions in the Deed of Establishment of Cooperative Development in Rembang of the cooperative is a member of the cooperative awareness level is still low, less managerial capacity, and limited capital resources. Barriers of Notary Public Notary is still much limited knowledge of Notary Deed Official Cooperation (PPAK) and the low interest of the Notary Deed Cooperative (NPAK) in Rembang district were registered for the Legal Entity Administration System Cooperative (SISMINBHKOP). With the state of a society, then the Office of Industry Trade Cooperatives and Small and Medium Enterprises Rembang should seek to build cooperation between the Notary in Rembang with the Agency's own cooperative.Keywords: Deed of Establishment of Cooperative; PPAK; SISMINBHKOP 

scholarly journals Peran Perpustakaan Lembaga Pemasyarakatan Klas I Malang dalam meningkatkan literasi informasi narapidana

2019 ◽  
Vol 7 (1) ◽  
Author(s):  
Karina Okta Bella ◽  
Mutia Indriyani ◽  
Chamdi Fajar
Keyword(s):  
Information Literacy ◽  
Primary Source ◽  
Library Science ◽  
Class I ◽  
Correctional Institution ◽  
Literature Study ◽  
Daily Lives ◽  
Study Results ◽  
The Right

Information literacy is a social capital for today's millennials as information literacy can make a difference for a better life. Every individual has the right to obtain and use information, including inmates. However, inmates have limited access to information while in prison; not all useful information can be obtained easily. Based on this fact, research on the role of libraries in improving prisoners' information literacy at the Correctional Institution Class I in Malang is essential to determine the library’s influence on prisoners' information literacy. The purpose of this study was to find out about the role of the library in improving prisoner’s information literacy. This study used the descriptive qualitative method with a qualitative approach. The data collection techniques through interviews, observation, and study literature. Study results indicated that the Library of the Correctional Institution Class I in Malang had a role as the primary source of information, a place for creating, and a place that provides learning activities for inmates. Information literacy at the Correctional Institution Class I in Malang applies local wisdom which is not carried out by other specialized libraries, such as library staff that does not have library science education backgrounds, the library collection contains religious, folklore, general knowledge, and skill books. The library’s role in improving information literacy of prisoners can be seen from the works produced by the inmates, such as paintings, plant cultivation, and books that tell about their daily lives in prison. Information literacy is a social capital for today's millennials as information literacy can make a difference for a better life. Every individual has the right to obtain and use information, including inmates. However, inmates have limited access to information while in prison; not all useful information can be obtained easily. Based on this fact, research on the role of libraries in improving prisoners' information literacy at the Correctional Institution Class I in Malang is essential to determine the library’s influence on prisoners' information literacy. The purpose of this study was to find out about the role of the library in improving prisoner’s information literacy. This study used the descriptive qualitative method with a qualitative approach. The data collection techniques through interviews, observation, and study literature. Study results indicated that the Library of the Correctional Institution Class I in Malang had a role as the primary source of information, a place for creating, and a place that provides learning activities for inmates. Information literacy at the Correctional Institution Class I in Malang applies local wisdom which is not carried out by other specialized libraries, such as library staff that does not have library science education backgrounds, the library collection contains religious, folklore, general knowledge, and skill books. The library’s role in improving information literacy of prisoners can be seen from the works produced by the inmates, such as paintings, plant cultivation, and books that tell about their daily lives in prison.

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