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

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 La Transposición al Derecho Nacional de la Directiva Europea 2010/64/UE en España, Francia, Bélgica y Luxemburgo: “Lost in transposition”

2015 ◽  
Vol 2 ◽  
pp. 94-109 ◽  
Author(s):  
Araceli Rojo Chacón
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Criminal Proceedings ◽  
The Creation ◽  
The Right

Resumen: En el contexto de la globalización, el número de procesos penales multilingües en la Unión Europea ha aumentado. Para afrontar este reto, el 20 de octubre de 2010, el Parlamento Europeo aprobó la Directiva 2010/64/UE sobre el derecho a la interpretación y traducción en los proceso penales. Agotado el plazo de transcripción, en este estudio se analizan las medidas adoptadas en España, Bélgica, Francia y Luxemburgo, centrándose en la principal novedad introducida por la Directiva: la creación de un registro de traductores e interpretes independientes. Para extraer mejores conclusiones, se compara la situación en estos cuatro países con el caso de Austria, donde los requisitos para actuar como traductor e interprete judicial fueron establecidos antes de la publicación de la Directiva. El objetivo principal de este articulo es destacar casos de buenas y malas prácticas y proponer nuevas iniciativas que puedan contribuir a mejorar la calidad de la traducción e interpretación en los procesos penales.Abstract: In a context of globalization, the number of multilingual criminal proceedings in the European Union is increasing. To deal with this challenge, on the 20th of October 2010, the European Parliament published the Directive 2010/64/UE on the right to interpretation and translation in criminal proceedings. Once the transposition deadline ended, the current study aims at analyzing the measures taken in Spain, Belgium, France and Luxemburg, focusing on the main innovation presented by the Directive: the creation of a register of independent translators and interpreters. For a better analysis, the situation in these four countries is compared to the case of Austria, where the requirements to act as judicial translator and interpreter had been established before the Directive. The main goal of the paper is to highlight cases of good and bad practices and to suggest new initiatives in order to improve the overall quality of translation and interpreting in criminal proceedings. 

scholarly journals A menekültügyi őrizet elrendelésének anyagi jogi feltételei az uniós jog tükrében

2015 ◽  
Vol 12 (1-2) ◽  
pp. 21-31
Author(s):  
Árpád Kiss
Keyword(s):  
European Union ◽  
Human Rights ◽  
Law Enforcement ◽  
Asylum Seeker ◽  
Illegal Immigrants ◽  
The European Union ◽  
Transit Country ◽  
Eu Directive ◽  
The Right ◽  
The Eu

Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures. From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.

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.

scholarly journals Multilingualism as a Principle of the EU Court of Justice

2014 ◽  
pp. 245-252
Author(s):  
K. Kh. Rekosh
Keyword(s):  
Mutual Recognition ◽  
The European Union ◽  
Law And Order ◽  
Criminal Proceedings ◽  
Legal Concept ◽  
Court Of Justice ◽  
Discourse Relations ◽  
Official Languages ◽  
The Right ◽  
The Eu

Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the basis of the principle of multilingualism, the EU has adopted the Directive on the right to interpretation and translation in the framework of criminal proceedings.

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 Limits on Limitations: The Essence of Fundamental Rights in the EU

2019 ◽  
Vol 20 (6) ◽  
pp. 779-793 ◽  
Author(s):  
Koen Lenaerts
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Present Contribution ◽  
Competing Interests ◽  
National Courts ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

AbstractThe concept of the essence of a fundamental right—set out in Article 52(1) of the Charter of Fundamental Rights of the European Union (the “Charter”)—operates as a constant reminder that our core values as Europeans are absolute. In other words, they are not up for balancing. As the seminal judgment of the Court of Justice of the European Union (the “CJEU”) in Schrems shows, where a measure imposes a limitation on the exercise of a fundamental right that is so intense and so comprehensive that it calls into question that right as such, that measure is incompatible with the Charter, as it deprives the right at issue of its essence. This is so without the need for a balancing exercise of competing interests, because a measure that compromises the very essence of a fundamental right is automatically disproportionate. Therefore, the present contribution supports the contention that in order for the concept of essence to function in a constitutionally meaningful way, both EU and national courts should apply the “respect-for-the-essence test” before undertaking a proportionality assessment.

scholarly journals Global identity management for individuals? The right to be forgotten and issues of extraterrioriality

2018 ◽  
Vol 331 ◽  
pp. 91-102
Author(s):  
Petra Lea Láncos
Keyword(s):  
Practical Problem ◽  
Identity Management ◽  
The Other ◽  
Business Activity ◽  
The European Union ◽  
Global Identity ◽  
National Courts ◽  
Court Of Justice ◽  
The Right ◽  
The Eu

The Google Spain ruling of the Court of Justice of the European Union has received much attention (and criticism) both in Europe and the other side of the Atlantic. In this paper I present the decision, focusing on it novel elements and the issues of extraterritoriality. I analyse the problems of extraterritoriality as a function of jurisdiction relying on the presence or absence of links to the EU through the location of establishment, equipment or the target of business activity. Next, I discuss the arguments promoting and rejecting the global application of Rtbf by search engine operators. Finally, I consider extraterritoriality as a practical problem, the solutions offered by scholarship and national courts, as well as their effect on corporations.

scholarly journals Umocnienie praw jednostki w postępowaniu karnym w Unii Europejskiej a dyrektywa w sprawie dostępu do adwokata

2014 ◽  
pp. 11-34 ◽  
Author(s):  
Anastazja Gajda
Keyword(s):  
European Union ◽  
Legislative Process ◽  
The European Union ◽  
Criminal Proceedings ◽  
The Moment ◽  
The Right ◽  
Right Of Access ◽  
The Eu

The paper deals with the new Directive on the right of access to a lawyer in criminal proceedings in EU. The Directive aims at straightening of the rights of suspects (defendants) as a result of introduction of minimal standards (article 82 of the Treaty on the Functioning of the European Union). The Directive asserts the right of a suspect on the whole territory of the EU to remain in contact with his/her attorney from the moment of arrest until the end of criminal proceedings. The paper presents genesis of the Directive, the legislative process and analyses contents of the Directive.

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.

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