Book Review: “The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings. A Comparative View”

2021 ◽  
Vol 11 (2) ◽  
pp. 264-269
Author(s):  
Maciej Fingas
Keyword(s):  
Criminal Proceedings ◽  
Member States ◽  
Eu Member States ◽  
Minimum Standards ◽  
Continue Research ◽  
The Right ◽  
Scientific Value

To sum up briefly, the book entitled “The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings. A Comparative View” should be a must-read for both researchers interested in the current issues relating to the right of counsel in criminal proceedings and practitioners of the judiciary. The research is elaborated on in an interesting and transparent manner. Also inspiring are the conclusions concerning the need for further action on the attorney-client privilege, especially in the sphere of “protection of work-product and electronic files and communications” (p. 71). It would be of scientific value to continue research in this area because of the need to create appropriate foundations for further approximation of the legal orders of EU Member States. From the perspective of the transfer of evidence between Member States, it would be helpful to work out common minimum standards for safeguarding the attorney-client privilege.

The Right to a Fair Trial in Criminal Proceedings and the United Kingdom Courts’ Recognition of Foreign Convictions from non-eu Member States

2015 ◽  
Vol 4 (1) ◽  
pp. 81-103
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Fair Trial ◽  
The European Union ◽  
Criminal Proceedings ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Right

This article discusses three cases from China, India and Morocco in which courts in the United Kingdom have considered the issue of previous convictions for the purposes of sentencing and considering the issue of whether the accused is of bad character. The author highlights the different approaches taken by the different courts and argues that there is a need for guidelines to be developed for courts to follow in deciding whether or not to admit convictions from courts outside the European Union. This would strengthen the accused’s rights to a fair trial in criminal proceedings.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

Warsaw may be isolated in EU on ‘posted workers’

2017 ◽  
Keyword(s):  
Competitive Advantage ◽  
Social Insurance ◽  
Prime Minister ◽  
Migration Policy ◽  
Right Wing ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
The Right

Subject Poland’s isolation over EU labour reform. Significance "They will not break us," Prime Minister Beata Szydlo said in a recent interview for a right-wing weekly. She was referring to Poland’s opposition to EU migration policy and more generally to a broader set of issues that divide the right-wing government in Warsaw from its EU partners. Szydlo's belligerent rhetoric plays well with domestic audiences but conceals Poland’s inability to build alliances and protect its interests. These weaknesses have become apparent during recent talks on reforming the EU’s Posted Workers Directive. Impacts New regulations may erode the competitive advantage of Polish firms that regularly post workers to western EU member states. The Polish budget would lose posted workers’ social insurance contributions, a loss estimated as worth up to 275 million dollars a month. Poland’s reputation as a regional spokesman for the interests of CEE member states may be undermined.

scholarly journals Jurisdiction Collisions In The Criminal Proceedings Of European Union Member States

2015 ◽  
Vol 8 (1) ◽  
pp. 82-105
Author(s):  
Raimundas Jurka ◽  
Jolanta Zajančkauskienė
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Mutual Recognition ◽  
The European Union ◽  
Criminal Proceedings ◽  
Member States ◽  
Effective Measure ◽  
Eu Member States ◽  
Positive Law ◽  
Ne Bis In Idem

Abstract Employing systematic document analysis and other methods, this article analyses a long-standing and still relevant issue related to the interpretation and application of the law regulating relationships in the field of European Union criminal justice within the framework of the national criminal proceedings that are taking place in EU member states. The article places special emphasis on the explanation and application of the principle of mutual recognition within the framework of one of the newest instruments of international cooperation in the European Union criminal proceedings meant to prevent conflicts of exercise of jurisdiction and to solve issues arising between two or more member states. The analysis of conflicts of exercise of jurisdiction provided in this paper is not limited to a mere explanation of the concept as such, but includes an essential analysis of other related issues, such as the principle of mutual recognition, its influence on the recognition of criminal proceedings as parallel proceedings, and including other aspects related to the matching of the form of national criminal proceedings with the criminal proceedings taking place in another member state. Finally, significant attention is given to one of the objectives in terms of prevention and solution of conflicts of exercise of jurisdiction, namely, the ne bis in idem principle and its application in case of parallel criminal proceedings taking place in two or more member states. One of the key conclusions offered here is that in order to eliminate conflicts of exercise of jurisdiction, positive law in the process of conflicts of jurisdiction must become an effective measure in criminal justice; however, only on the condition that at least a minimum likelihood in the form of criminal proceedings adopted by different EU members states is ensured as a precondition necessary to enable a smooth application of the principle of mutual recognition.

scholarly journals The Right to Interpretation and Translation in Criminal Proceedings – Challenges and Difficulties Stemming from the Implementation of the Directive 2010/64/EU

2019 ◽  
Vol 9 (2) ◽  
pp. 175-186
Author(s):  
Maciej Fingas
Keyword(s):  
Criminal Trial ◽  
Practical Implementation ◽  
Legal Counsel ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Member States ◽  
Modern Europe ◽  
The Right

In modern Europe issues related to the obligation to ensure the right to fair criminal trial for persons who do not speak or understand the language of the criminal proceedings are still pressing. The article discusses main problems stemming from the implementation of Directive 2010/64/EU, especially issues connected with: the scope of and exceptions to the right to written translation of essential documents, the problem of translation of all procedural applications submitted by the accused himself in a language other than the language of the court, the obligation to make available interpretation during communication between the accused and his legal counsel under confidentiality conditions, and - last but not least - professional qualifications of interpreters and translators providing assistance in criminal cases. The article points out that the glaring discrepancies among Member States in the legal and practical implementation of the right to interpretation and translation may result in divergent procedural standard in individual cases, depending on the location of the criminal proceedings.

scholarly journals Conditions of workers' participation in the European context-works councils structures in the Central and Eastern Europe

2009 ◽  
Vol 12 (3) ◽  
pp. 29-44 ◽  
Author(s):  
Katarzyna Skorupińska
Keyword(s):  
Eastern Europe ◽  
Western Europe ◽  
Central And Eastern Europe ◽  
Organizational Structures ◽  
Member States ◽  
Works Councils ◽  
Eu Member States ◽  
On The Road ◽  
Right To Information ◽  
The Right

The implementation of the 2002 Directive caused establishment of participation structures in coimtries of the Central and Eastern Europę following the pattern of works councils in Western Europę. The institiitions of workers participation have right to information and consultation but they do not possess the right to codetermination which for a long time has been granted to most works councils in the old EU Member States. Works councils in the new EU Member States have not been established on the road of organie development but they had to define their entitlements and evolve organizational structures themselves. In this article two major topics are discussed: types of employees' interests representation and dijferences in structures of works councils in coimtries of the Central and Eastern Europę. The main aim of the paper is to present the most important factors which affect the establishment and creation of such institiitions.

EU whistleblowing rules to change in favor of whistleblowers

2020 ◽  
Vol 21 (1) ◽  
pp. 55-61
Author(s):  
Alja Poler De Zwart
Keyword(s):  
Design Methodology ◽  
Eu Law ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Minimum Standards ◽  
Practical Guidance ◽  
Practical Implications ◽  
The Eu ◽  
Reporting Channels

Purpose To describe the new EU Whistleblowing Directive and its implications. Design/methodology/approach Describes organizations to which the Directive applies, the scope of reportable whistleblowing concerns, whistleblowers’ reporting channels and mechanisms, whistleblower protections, how organizations should respond to whistleblower reports and how organizations should prepare for the new rules. Findings The new Directive will require Member States to create rules for organizations with more than 50 workers, will mandate such organizations to implement whistleblowing hotlines for reporting a broad range of EU law violations, and will contain minimum standards on how to respond to and handle any concerns raised by whistleblowers. Practical implications Organizations in the EU can and should start taking initial steps to prepare for the new rules as soon as possible. There will likely be some differences among whistleblower rules in individual EU Member States. Originality/value Practical guidance from experienced corporate, technology, media, telecommunications and compliance lawyer.

Sign in / Sign up

Export Citation Format

Share Document