scholarly journals The Directive on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings

2014 ◽  
Author(s):  
Steven Cras
Keyword(s):  
Criminal Proceedings ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
The Right ◽  
Right Of Access

scholarly journals Access to a Lawyer for Suspects at the Police Station and During Detention Proceedings

2020 ◽  
Vol 41 (2) ◽  
pp. 129-151
Author(s):  
Tymon Markiewicz
Keyword(s):  
Present Article ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
Police Station ◽  
Minimum Standards ◽  
European Arrest Warrant ◽  
Main Statement ◽  
The Subject ◽  
The Right ◽  
Right Of Access

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focus on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. Author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet that standard.

scholarly journals Letter of Rights for Persons Arrested on the Basis of a European Arrest Warrant: A Novelty Under the Directive 2012/13/Eu

2013 ◽  
Vol 13 (1) ◽  
pp. 163-170 ◽  
Author(s):  
Libor Klimek
Keyword(s):  
Member State ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
Framework Decision ◽  
Fundamental Knowledge ◽  
European Arrest Warrant ◽  
Right To Information ◽  
The Right ◽  
The Eu

Abstract The paper deals with a Letter of rights for persons arrested on the basis of a European arrest warrant, a novelty introduced by the Directive 2012/13/ EU on the right to information in criminal proceedings. The Directive stipulates that Member States of the EU shall ensure that persons who are arrested for the purpose of the execution of an European arrest warrant are provided promptly with appropriate Letter of rights containing information on their rights according to the law implementing the Framework Decision 2002/584/JHA on the European arrest warrant in the executing Member State. The paper is divided into three sections. First section presents fundamental knowledge on starting points of the letter of rights. Further, second section analyses its legal basis, i.e. Directive 2012/13/EU. The last third section introduces an indicative model of letter of rights.

The Europeanization of the Criminal Proceedings in the Republic of Croatia through the Implementation of the Directive 2013/48/EU

2019 ◽  
Vol 27 (2) ◽  
pp. 97-125
Author(s):  
Ante Novokmet
Keyword(s):  
Special Reference ◽  
Legal System ◽  
Criminal Procedure ◽  
Third Party ◽  
Criminal Proceedings ◽  
European Arrest Warrant ◽  
The Republic ◽  
The Right ◽  
Right Of Access ◽  
Practical Implications

The Act on Amendments to the Criminal Procedure Act (NN 70/2017) introduced, into the Croatian legal system, the Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and European arrest warrant proceedings as well as the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. This paper contains the analysis of the nomotechnical solutions after the implementation of the Directive 2013/48/EU in the Republic of Croatia. In addition, particular attention has been given to the new substantive term of the suspect and its practical implications in different stages of the Croatian criminal procedure with special reference to effects and perception of the implementation of the Directive 2013/48/EU in Croatian criminal procedure. The paper criticizes some domestic legal solutions and offer different approach, with respect to the trends that have been noticed after amendment of the Croatian Criminal Procedure Act.

scholarly journals Directive 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings

2020 ◽  
Vol 41 (2) ◽  
pp. 7-33
Author(s):  
Vincent Glerum
Keyword(s):  
Member State ◽  
Judicial Cooperation ◽  
Dual Representation ◽  
Arrest Warrant ◽  
Framework Decision ◽  
Limited Role ◽  
European Arrest Warrant ◽  
The Right ◽  
Right Of Access

Directive 2013/48/EU gives persons who are subject to European arrest warrant proceedings the right to “dual representation”: not only the right of access to a lawyer in the executing Member State but also the right to appoint a lawyer in the issuing Member State, whose limited role it is to provide information and advice to the lawyer in the executing Member State with a view to the effective exercise of the requested person’s rights under Framework Decision 2002/584/JHA. The right to appoint a lawyer in the issuing Member State is supposed to contribute to facilitating judicial cooperation. This article takes a closer look at that right and tries to establish whether – and, if so, to what extent – that right does indeed facilitate judicial cooperation. 

scholarly journals The Right to Defence in Poland. Remarks on the Latest Amendments of the Code of Criminal Procedure from the European Perspective

2020 ◽  
Vol 41 (2) ◽  
pp. 81-107
Author(s):  
Marek Ryszard Smarzewski
Keyword(s):  
Criminal Procedure ◽  
Third Party ◽  
Presumption Of Innocence ◽  
European Law ◽  
Criminal Proceedings ◽  
Minimum Standards ◽  
European Arrest Warrant ◽  
The Right ◽  
Right Of Access ◽  
Made In

The article discusses the issue of standards of the right to defence and takes into account the recent amendments of the Code of Criminal Procedure. The analysis is conducted against the background of minimum standards of the right to defence set out under European law. A reference introduced to the title of the Code includes the assertion that the legislator has implemented the provisions of Directive of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty as well as Directive of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. However, it should be emphasized in this context that as a result of changes made in the discussed scope in the years 2016-2019, the legislator not only failed to fully implement the aforementioned Directives, but even introduced modifications that led to lowering the standards of the right to defence and guarantees of its implementation, both in material as well as formal terms.

scholarly journals Wpływ nieimplementowanych do systemu prawnego Rzeczypospolitej Polskiej dyrektyw unijnych na gwarancje procesowe

2017 ◽  
pp. 37-56
Author(s):  
Katarzyna Mróz
Keyword(s):  
Point Of View ◽  
Third Party ◽  
Criminal Proceedings ◽  
Depth Analysis ◽  
European Arrest Warrant ◽  
Constitutional System ◽  
The Right ◽  
Subjective Rights ◽  
The Impact ◽  
Right Of Access

This article deals with the issue of the direct effect of EU instruments from the point of view of the constitutional system of sources of law. Ensuring the „effet utile” of Community law entails the requirement for the effective realization of the subjective rights resulting from that right. Undoubtedly the effects of breaching obligations to implement EU law, in particular the obligation to transpose draft legislation, affect a certain level of process guarantees. An in-depth analysis of the minimum standards of the rights of suspects and defendants in criminal proceedings prompts reflection on the impact of the directives not implemented in the legal system on defining the rights of defense. The discussion on this subject will be presented in the context of the regulation contained in Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty.

Autonomie und Strafverteidigung zwischen Rechts- und Sozialstaatlichkeit

2019 ◽  
Author(s):  
Sarah Zink
Keyword(s):  
Rule Of Law ◽  
Early Stage ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
The Past ◽  
Constant Change ◽  
European Arrest Warrant ◽  
German System ◽  
The Right

The Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings affects the German system of mandatory defense in criminal proceedings. While the system of mandatory defense displays – in the majority view – the German understanding of “Rechtsstaatlichkeit” (rule of law), in the past, the whole system has also started to become subject to constant change, which the Legal Aid Directive enhances. From now on, accused persons must be given the right to justice access before being questioned by the police, thus the member states must guarantee the funding of the assistance of a lawyer in this early stage of the proceedings. Hence, the German organization of funding the assistance of a lawyer is subject of this principle-orientated investigation.

Article 7 of the Directive 2012/13/EU on the Right to Information in Criminal Proceedings: A Missed Opportunity to Ensure Equality of Arms in Pre-Trial Proceedings?

2019 ◽  
Vol 27 (2) ◽  
pp. 126-154 ◽  
Author(s):  
Anna Pivaty ◽  
Anneli Soo
Keyword(s):  
Significant Role ◽  
Eu Law ◽  
Criminal Proceedings ◽  
Member States ◽  
Early Access ◽  
Right To Information ◽  
The Right ◽  
Right Of Access ◽  
Missed Opportunity ◽  
The Eu

This article critically examines the EU law provisions on the right of access to the materials of the case in pre-trial criminal proceedings (Article 7 of Directive 2012/13/EU). It argues that they are insufficient to ensure adequate protection of this right in Member States. Furthermore, the approach chosen by EU legislator did not properly implement the European principle of the equality of arms in pre-trial proceedings. It is submitted that a clearer standard is needed to ensure an appropriate balance between the interests of adequate protection of individual rights and of protecting safety and security. It is suggested that although some room for national interpretation is desirable, the right of early access to the case materials should be endorsed by all Member States with derogations applied sparingly and under specific circumstances. Here further guidelines from the cjeu play significant role in order to ensure equality of arms in pre-trial proceedings.

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