Legal Aid in the EU: main features of Directive 2016/1919/EU
|
|
|
- Hugh Gyles Williamson
- 5 years ago
- Views:
Transcription
1 Legal Aid in the EU: main features of Directive 2016/1919/EU Steven Cras Administrator, Council General Secretariat Co-funded by the Justice Programme of the European Union
2 Legal Aid Directive 2016/1919/EU Overview ECHR Roadmap Commission proposal Negotiations Subject matter and scope Legal aid: means and merits test Legal aid in EAW proceedings Competence to take decisions Quality of legal aid services and training Remedies and summary 2
3 ECHR Roadmap ECHR - Art. 6(3)(c): Everyone charged with a criminal offence has the right to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require. Roadmap Link with access to a lawyer 3
4 Commission proposal - Negotiations COM proposal: provisional legal aid in criminal proceedings for persons deprived of liberty + legal aid in EAW proceedings. European Parliament: enlarge scope. Council: reduce scope. Negotiations under LU and NL Presidencies. Agreement on 30 June Directive (EU) 2016/1919: OJ L 297, , p.1. Deadline for implementation: 25 May
5 Subject matter and scope (Art ) Subject matter: legal aid (no provisional legal aid). Scope criminal proceedings: if right of access to a lawyer under Directive 2013/48, and 1) deprived of liberty; 2) required by law to be assisted by a lawyer; or 3) required or permitted to attend an investigative or evidence-gathering, as a minimum the following: i) identity parades; ii) confrontations; iii) experimental reconstructions of the scene of crime. Scope EAW proceedings: if right of access to a lawyer under Directive 2013/48, upon arrest in the executing Member State Exclusion minor offences, but Directive applies in any case when decision on detention is taken, and during detention 5
6 Legal Aid: means and merits test (Art. 4) Suspects or accused persons who lack sufficient resources to pay a lawyer have right to legal aid when the interests of justice so require (cf Art. 6 ECHR) Member States may apply means test and/or merits test. Merits text is deemed to be fulfilled when court or judge takes decision on detention, and during detention Legal aid should be granted without undue delay, and at the latest before questioning by police/other authority, or before carrying out an investigative or evidence gathering act 6
7 Legal aid in EAW proceedings (Art. 5) Executing State: legal aid from arrest until surrender (or when the decision on non-surrender becomes final). Issuing State: legal aid - when persons exercise their right to appoint a lawyer in the issuing State; - when EAW is for the purpose of conducting a criminal prosecution (not: for execution of a sentence); - if legal aid is necessary to ensure effective access to justice. Means test may apply. 7
8 Competence to take decisions (Art. 6) Decisions on legal aid should be taken by a competent authority. This can be independent authority (legal aid board) or court/judge; in urgent cases also police/prosecution (rec. 24) 8
9 Quality of legal aid services and training (Art. 7) Member States should take necessary measures including with regard to funding to ensure that: 1) there is an effective legal aid system of adequate quality; 2) legal aid services are of a quality adequate to safeguard the fairness of the proceedings. Training: 1) ensure adequate training for staff involved in legal aid decisions; 2) take appropriate measures to promote provision of adequate training for lawyers providing legal aid services. Suspects, accused persons and requested persons have the right to have the lawyer providing legal aid services replaced, where the specific circumstances so require. 9
10 Remedies (Art. 8) and summary Should be effective remedy in case of a breach. Summary: 10
11 Steven Cras Administrator, General Secretariat DG H Judicial Cooperation in Criminal Matters Council of the European Union December 2016 steven.cras@consilium.europa.eu
Official Journal of the European Union. (Legislative acts) DIRECTIVES
4.11.2016 L 297/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/1919 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings
Council of the European Union Brussels, 26 February 2015 (OR. en)
Council of the European Union Brussels, 26 February 2015 (OR. en) Interinstitutional File: 2013/0409 (COD) 6603/15 DROIPEN 20 COPEN 62 CODEC 257 NOTE From: Presidency To: Council No. prev. doc.: 6327/15
The following is an outline of the presentation but note that the speaker adlibbed. Outline - The EU Directive on Access to a Lawyer (Measure C1/D)
EUROPEAN COMMISSION DIRECTORATE-GENERAL COMMUNICATION Representations Priority Actions and Political Reporting Brussels, 8 October 2013 The following is an outline of the presentation but note that the
The presumption of innocence and procedural safeguards for children
The presumption of innocence and procedural safeguards for children Ed Cape Professor of Criminal Law and Practice 1 The presumption of innocence and the right to be present at trial 2 1 The Directive
The Commission s proposals on Legal Aid. ECBA Conference Warsaw, 26 April 2014
The Commission s proposals on Legal Aid ECBA Conference Warsaw, 26 April 2014 26 April 2014 Directive 2013/48/EU (Measure C1): Right to access to a lawyer Holds the rights, i.a.: To consult with a lawyer
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
EN EN EN EUROPEAN COMMISSION Brussels, 11.4.2011 COM(2011) 175 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the implementation since 2007 of the Council Framework Decision
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
EUROPEAN COMMISSION Brussels, 5.2.2014 COM(2014) 57 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation by the Member States of the Framework Decisions 2008/909/JHA,
Official Journal of the European Union. (Legislative acts) DIRECTIVES
21.5.2016 L 132/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/800 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 11 May 2016 on procedural safeguards for children who are suspects or accused persons
THE IMPACT OF THE NEW LEGAL AID REGIME ON CRIMINAL PROCEEDINGS IN BULGARIA. SVETLA IVANOVA AND VLADIMIR NIKOLOV ERA, CRACOW, 2-3 March 2017
1 ON CRIMINAL PROCEEDINGS IN BULGARIA. SVETLA IVANOVA AND VLADIMIR NIKOLOV ERA, CRACOW, 2-3 March 2017 2 DIRECTIVE 2016/1919/ EU ON LEGAL AID FOR SUSPECTS AND ACCUSED PERSONS IN CRIMINAL PROCEEDINGS AND
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, XXX COM(2013) 822/2 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on procedural safeguards for children suspected or accused in criminal proceedings
The EU Green Paper on Detention
The EU Green Paper on Detention Its objectives, an overview of contributions received and the way forward 13 February 2014 ERA Conference, Trier, Germany Green Paper on detention June 2011 81 replies (21
COUNCIL OF THE EUROPEAN UNION. Brussels, 23 October /09 DROIPEN 131 COPEN 203. OUTCOME OF PROCEEDINGS General Secretariat Delegations
COUNCIL OF THE EUROPEAN UNION Brussels, 23 October 2009 14791/09 DROIPEN 131 COPEN 203 OUTCOME OF PROCEEDINGS from : General Secretariat to : Delegations No Pres. Prop. : 11457/09 DROIPEN 53 COPEN 120
Equality of arms procedural safeguards for defendants: the way through and forward on the EU map
Equality of arms procedural safeguards for defendants: the way through and forward on the EU map Adwokat Aleksandra Stępniewska EU CRIMINAL LAW FOR DEFENCE COUNSEL Riga, 29 th June 2015 Equality of arms
PRACTICAL ISSUES OF NATIONAL IMPLEMENTATION IMPACT ON THE WORK OF THE POLICE
1 PRACTICAL ISSUES OF NATIONAL IMPLEMENTATION IMPACT ON THE WORK OF THE POLICE SVETLA IVANOVA Bulgarian PPO ERA, CRACOW, 2-3 March 2017 2 DIRECTIVE 2013/48/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
EUROPEAN COMMISSION Brussels, 18.12.2018 COM(2018) 858 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Directive 2012/13/EU of the European Parliament
A world where every person s right to a fair trial is respected, whatever their nationality, wherever they are accused.
Effective Interpretation and the Right to a Fair Trial Introduction A world where every person s right to a fair trial is respected, whatever their nationality, wherever they are accused. 1 Introduction
COUNCIL OF THE EUROPEAN UNION. Brussels, 9 September /2/11 REV 2 COPEN 83 EJN 46 EUROJUST 58
COUNCIL OF THE EUROPEAN UNION Brussels, 9 September 2011 9120/2/11 REV 2 COPEN 83 EJN 46 EUROJUST 58 NOTE From : General Secretariat To : Working Party on Cooperation in Criminal Matters (Experts on European
Council of the European Union Brussels, 22 September 2014 (OR. en)
Council of the European Union Brussels, 22 September 2014 (OR. en) Interinstitutional File: 2013/0407 (COD) 13304/14 DROIPEN 107 COPEN 222 CODEC 1845 NOTE From: To: Presidency Working Party on Substantive
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 27.11.2013 COM(2013) 824 final 2013/0409 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on provisional legal aid for suspects or accused persons
The European Arrest Warrant: One step closer to reform?
QCEA Discussion Paper The European Arrest Warrant: One step closer to reform? Introduction The European Arrest Warrant (EAW) is a system in which one EU Member State can ask another EU Member State to
Council of the European Union Brussels, 22 January 2016 (OR. en)
Council of the European Union Brussels, 22 January 2016 (OR. en) Interinstitutional File: 2013/0407 (COD) 5264/16 INFORMATION NOTE From: To: Subject: General Secretariat of the Council CODEC 33 DROIPEN
COUNCIL OF THE EUROPEAN UNION. Brussels, 14 January /08 COPEN 4
COUNCIL OF THE EUROPEAN UNION Brussels, 14 January 2008 5213/08 COPEN 4 INITIATIVE from : Slovenian, French, Czech, Swedish, Slovak, United Kingdom and German delegations dated : 14 January 2008 Subject:
Official Journal of the European Union. (Legislative acts) DIRECTIVES
1.5.2014 L 130/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2014/41/EU OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 3 April 2014 regarding the European Investigation Order in criminal matters THE EUROPEAN
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. on the right to interpretation and translation in criminal proceedings
EUROPEAN COMMISSION Brussels, 9.3.2010 COM(2010) 82 final 2010/0050 (COD) C7-0072/10 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the right to interpretation and translation
The Friends of the Presidency on 29/30 July 2009 examined 12141/09 DROIPEN 69 COPEN 142, containing a revised version of the above draft Resolution.
COU CIL OF THE EUROPEA U IO Brussels, 31 July 2009 12531/09 DROIPE 78 COPE 150 OTE from : Presidency to : Delegations No. prev. doc. : 12141/09 DROIPEN 69 COPEN 142 Subject : Draft Resolution of the Council
Delegations will find the text of this Resolution in annex II and are invited to present their comments at the COPEN meeting of 28 May 2014.
COUNCIL OF THE EUROPEAN UNION Brussels, 20 May 2014 9968/14 COPEN 153 EUROJUST 99 EJN 57 NOTE from: to: Subject: Presidency Delegations Issues of proportionality and fundamental rights in the context of
Delegations will find in the Annex a note by Belgium, France, Ireland, the Netherlands and the United Kingdom relating to the proposed Directive.
COUNCIL OF THE EUROPEAN UNION Brussels, 22 September 2011 14495/11 Interinstitutional File: 2011/0154 (COD) DROIPEN 99 COPEN 232 CODEC 1492 NOTE from : to : No. Prop. : No. Prev. doc. : Subject : General
COMMISSION STAFF WORKING DOCUMENT. Tables "State of play" and "Declarations" Accompanying the document
EUROPEAN COMMISSION Brussels, 5.2.2014 SWD(2014) 34 final COMMISSION STAFF WORKING DOCUMENT Tables "State of play" and "Declarations" Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN
Official Journal of the European Union. (Legislative acts) DIRECTIVES
11.3.2016 L 65/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/343 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence
The Scope and the Challenges of the Access of Children to Justice in Macedonian Legislation and Practice
The Scope and the Challenges of the Access of Children to Justice in Macedonian Legislation and Practice Aleksandra Deanoska, PhD, Associate Professor Faculty of Law Iustinianus Primus, Criminal Law Department,
QUESTIONNAIRE RELATED TO
QUESTIONNAIRE RELATED TO THE RIGHT OF ANYONE DEPRIVED OF HIS OR HER LIBERTY BY ARREST OR DETENTION TO BRING PROCEEDINGS BEFORE COURT, IN ORDER THAT THE COURT MAY DECIDE WITHOUT DELAY ON THE LAWFULNESS
EU update (including the Green Paper on the Presumption of Innocence) ECBA Conference, Edinburgh April 2006
EUROPEAN COMMISSION DIRECTORATE GENERAL JUSTICE, FREEDOM AND SECURITY Directorate D Internal security and criminal justice Unit D/3 Criminal justice Brussels, 21 April 2006 EU update (including the Green
COMMISSION IMPLEMENTING DECISION. of
EUROPEAN COMMISSION Brussels, 19.12.2017 C(2017) 8520 final COMMISSION IMPLEMENTING DECISION of 19.12.2017 concerning the adoption of the work programme for 2018 and the financing for the implementation
UK Central Authority International Criminality Unit Home Office 2nd Floor Peel Building 2 Marsham Street London SW1P 4DF
United Kingdom National Procedures for Extradition Updated 30/10/2017 The information contained in this table should be updated on a yearly basis. The Central Authority (name of the institution, address,
Submission Fair Trials International s submission to the European Commission
Submission Fair Trials International s submission to the European Commission Consultation on the 2013 EU Citizenship Report EU citizens Your rights, your future 9 September 2012 About Fair Trials International
Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States (2001/C 332 E/18)
27.11.2001 Official Journal of the European Communities C 332 E/305 Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States (2001/C
European Protection Order Briefing and suggested amendments February 2010
European Protection Order Briefing and suggested amendments February 2010 For further information contact Jodie Blackstock, Senior Legal Officer (EU) Email: jblackstock@justice.org.uk Tel: 020 7762 6436
Solution approaches. Workshop ERA Helsinki Defence Counsel. A), I. Request for information issue
Solution approaches Workshop ERA Helsinki 10.12.2011 DR. CLIFF GATZWEILER Defence Counsel A), I. Request for information issue A. Criminal investigation procedure in Norway I. The prosecutor requests mutual
COUCIL OF THE EUROPEA UIO. Brussels, 28 ovember /13 Interinstitutional File: 2012/0036 (COD) DROIPE 151 COPE 217 CODEC 2716
COUCIL OF THE EUROPEA UIO Brussels, 28 ovember 2013 16861/13 Interinstitutional File: 2012/0036 (COD) DROIPE 151 COPE 217 CODEC 2716 OTE From: Secretariat To: Coreper / Council No. Cion prop.: 7641/12
INITIATIVE FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Protection Order
COUNCIL OF THE EUROPEAN UNION Brussels, 5 January 2010 17513/09 COPEN 247 Subject: INITIATIVE FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Protection Order 17513/09 OD/NC/eo
13515/16 SC/mvk 1 DG D 2B
Council of the European Union Brussels, 4 November 2016 (OR. en) 13515/16 COPEN 302 EUROJUST 132 EJN 61 NOTE From: To: General Secretariat of the Council Delegations No. prev. doc.: 5859/3/15 REV 3 Subject:
Welcome and key note address
EUROPEAN COMMISSION Mr Francisco Fonseca Morillo Deputy Director-General for Justice and Consumers Welcome and key note address Ensuring cross-border justice for all in the EU: sharing practices and experiences
COUNCIL OF THE EUROPEAN UNION. Brussels, 24 November /09 DROIPEN 149 COPEN 220
COUNCIL OF THE EUROPEAN UNION Brussels, 24 November 2009 15434/09 DROIP 149 COP 220 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: RESOLUTION OF THE COUNCIL on a Roadmap for strengthening procedural rights
COUNCIL OF THE EUROPEAN UNION. Brussels, 2 May /12 COPEN 97 EJN 32 EUROJUST 39
COUNCIL OF THE EUROPEAN UNION Brussels, 2 May 202 9200/2 COPEN 97 EJN 32 EUROJUST 39 NOTE From : General Secretariat To : Working Party on Cooperation in Criminal Matters (Experts on the European Arrest
LIMITE EN. Brussels, 3 June 2008 COUNCIL OF THE EUROPEAN UNION /08 Interinstitutional File: 2008/0803 (CNS) LIMITE COPEN 111
COUNCIL OF THE EUROPEAN UNION Brussels, 3 June 2008 10160/08 Interinstitutional File: 2008/0803 (CNS) LIMITE DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC COPEN 111 REPT of : on : no. Prev. doc. : no. Initiative
COMMISSION STAFF WORKING DOCUMENT
EUROPEAN COMMISSION Brussels, 28.9.2017 SWD(2017) 320 final COMMISSION STAFF WORKING DOCUMENT Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant
EUROPEAN UNION. Brussels, 5 March 2014 (OR. en) 2012/0036 (COD) PE-CONS 121/13 DROIPEN 156 COPEN 229 CODEC 2833
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 5 March 2014 (OR. en) 2012/0036 (COD) PE-CONS 121/13 DROIP 156 COP 229 CODEC 2833 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: DIRECTIVE OF THE
Brussels, 13 December 2007 COUNCIL OF THE EUROPEAN UNION 16494/07. Interinstitutional File: 2006/0158 (CNS) COPEN 181 NOTE
COUNCIL OF THE EUROPEAN UNION Brussels, 13 December 2007 Interinstitutional File: 2006/0158 (CNS) 16494/07 COPEN 181 NOTE from : to : no. CION Prop. : no. Prev. doc. : Subject: General Secretariat Working
european journal of crime, criminal law and criminal justice 25 (2017) 1-10 Editorial
european journal of crime, criminal law and criminal justice 25 (2017) 1-10 brill.com/eccl Editorial All bout the Money? On the Division of Costs in the Context of eu Criminal Justice Cooperation and the
1. The Council unanimously reached a general approach on the text set out in the Annex.
COUNCIL OF THE EUROPEAN UNION Brussels, 28 November 2008 16382/08 Interinstitutional File: 2006/0158 (CNS) COPEN 239 OUTCOME OF PROCEEDINGS of : Council (Justice and Home Affairs) on : 27/28 November 2008
Reports of Cases. JUDGMENT OF THE COURT (First Chamber) 15 October 2015 *
Reports of Cases JUDGMENT OF THE COURT (First Chamber) 15 October 2015 * (Reference for a preliminary ruling Judicial cooperation in criminal matters Directive 2010/64/EU Right to interpretation and translation
5859/3/15 REV 3 SC/mvk 1 DG D 2B
Council of the European Union Brussels, 22 July 2015 (OR. en) 5859/3/15 REV 3 COPEN 25 EUROJUST 22 EJN 9 NOTE From: To: General Secretariat of the Council Delegations No. prev. doc.: 5859/2/15 REV 2 COPEN
11500/14 GS/mvk 1 DG D 2B
Council of the European Union Brussels, 3 July 2014 11500/14 COPEN 186 EJN 69 EUROJUST 126 NOTE From: General Secretariat To: Working Party on Cooperation in Criminal Matters (Experts on the European Arrest
THE OFFICE OF EUROPEAN PUBLIC PROSECUTOR
FAIR TRIALS ABROAD THE OFFICE OF EUROPEAN PUBLIC PROSECUTOR DELIBERATIONS ON THE EUROPEAN COMMISSION GREEN PAPER (DECEMBER 2001) CRIMINAL-LAW PROTECTION OF THE FINANCIAL INTERESTS OF THE EUROPE COMMUNITY
Lawyer of the First Hour under the Swiss Criminal Procedure Code
Lawyer of the First Hour under the Swiss Criminal Procedure Code Sylvain SAVOLAINEN, Lawyer Human Rights Commission of the Geneva Bar Association Geneva, 7 March 2016 PLAN 1. Why a lawyer of the first
Statewatch briefing on the European Evidence Warrant to the European Parliament
Statewatch briefing on the European Evidence Warrant to the European Parliament Introduction The Commission s proposal for a Framework Decision on a European evidence warrant, first introduced in November
8414/1/14 REV 1 GS/mvk 1 DG D 2B
COUNCIL OF THE EUROPEAN UNION Brussels, 15 May 2014 8414/1/14 REV 1 COPEN 103 EJN 43 EUROJUST 70 NOTE From : General Secretariat To : Working Party on Cooperation in Criminal Matters (Experts on the European
COUNCIL OF THE EUROPEAN UNION. Brussels, 29 February /12 COPEN 45 EUROJUST 17 FIN 153
COUNCIL OF THE EUROPEAN UNION Brussels, 29 February 2012 7067/12 COPEN 45 EUROJUST 17 FIN 153 NOTE from: to: Subject: General Secretariat of the Council Delegations MEETING OF THE CONSULTATIVE FORUM OF
COUNCIL OF THE EUROPEAN UNION. Brussels 2 September /11 CRIMORG 124 COPEN 200 EJN 100 EUROJUST 122
COUNCIL OF THE EUROPEAN UNION Brussels 2 September 2011 13691/11 CRIMORG 124 COP 200 EJN 100 EUROJUST 122 NOTE from: the Polish delegation to: delegations No. prev. doc.: 14240/2/07/ CRIMORG 158 COP 144
TRAINING LEGAL LANGUAGES FOR EFFECTIVE FUNCTIONING OF JUDICIAL COOPERATION IN EU EUROPEAN COOPERATION IN CRIMINAL MATTERS
TRAINING LEGAL LANGUAGES FOR EFFECTIVE FUNCTIONING OF JUDICIAL COOPERATION IN EU EUROPEAN COOPERATION IN CRIMINAL MATTERS TEXT FOR LEGAL LANGUAGE TRAINING Renata Vystrčilová Olomouc 2017 This publication
Part II Application of mutual recognition to the transfer of judgments of conviction in the context of EU law
PART II APPLICATION OF MUTUAL RECOGNITION TO THE TRANSFER OF JUDGMENTS OF CONVICTION IN THE CONTEXT OF EU LAW Dr. Tony Marguery, LLM Dr. Ton van den Brink Dr. Michele Simonato 17 The discussion concerning
Pre-trial detention, custodial sentences, supervision of probation measures and alternative sanctions
Pre-trial detention, custodial sentences, supervision of probation measures and alternative sanctions Summer Course on European Criminal Justice ERA Trier 23 June 2015 t. f. +32 9 264 84 94 Context and
A Guide to The European Arrest Warrant October 2012
A Guide to The European Arrest Warrant October 2012 About Fair Trials International Fair Trials International (FTI) is a non-governmental organisation that works for fair trials according to internationally
LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 7 December /09 LIMITE COPEN 242 EJN 38 EUROJUST 72 CRIMORG 179
COUNCIL OF THE EUROPEAN UNION Brussels, 7 December 2009 17132/09 LIMITE COPEN 242 EJN 38 EUROJUST 72 CRIMORG 179 NOTE from : Presidency and Incoming Presidency to : Working Party on co-operation in Criminal
COU CIL OF THE EUROPEA U IO. Brussels, 11 December /12 Interinstitutional File: 2012/0036 (COD) DROIPE 185 COPE 272 CODEC 2918
COU CIL OF THE EUROPEA U IO Brussels, 11 December 2012 17287/12 Interinstitutional File: 2012/0036 (COD) DROIPE 185 COPE 272 CODEC 2918 OUTCOME OF PROCEEDI GS Of: Council (Justice and Home Affairs) On:
Lund University Faculty of Law. From the SelectedWorks of Christoffer Wong. Christoffer Wong. February 8, 2011
Lund University Faculty of Law From the SelectedWorks of Christoffer Wong February 8, 2011 The European arrest warrant for the surrender of Julian Assange from the United Kingdom to Sweden: Applicable
Reports of Cases. JUDGMENT OF THE COURT (First Chamber) 19 September 2018 *
Reports of Cases JUDGMENT OF THE COURT (First Chamber) 19 September 2018 * (Reference for a preliminary ruling Urgent preliminary ruling procedure Police and judicial cooperation in criminal matters European
Measures for pre-trial detention, custodial sentences, supervision of probation measures and alternative sanctions
Measures for pre-trial detention, custodial sentences, supervision of probation measures and alternative sanctions Summer Course on European Criminal Justice ERA Trier 21 June 2016 t. f. +32 9 264 84 94
Some remarks regarding the Draft Council Framework Decision on the enforcement of decisions rendered in absentia 1
Some remarks regarding the Draft Council Framework Decision on the enforcement of decisions rendered in absentia 1 By A.J.M. de Swart 2 A. Reason for the draft Framework Decision In various (draft) Council
EXECUTION OF EAW AND HUMAN RIGHTS
Zimonjić Bojana Faculty of political sciences, University of Belgrade, Belgrade, Serbia Abstract: In this paper, the author deals with the problems surrounding execution of EAW in the field of human rights.
Reports of Cases. JUDGMENT OF THE COURT (Fifth Chamber) 12 October 2017 *
Reports of Cases JUDGMENT OF THE COURT (Fifth Chamber) 12 October 2017 * (Reference for a preliminary ruling Judicial cooperation in criminal matters Directive 2010/64/EU Article 3(1) Right to interpretation
Ed Cape Professor of Criminal Law and Practice
Ed Cape Professor of Criminal Law and Practice A legislative presumption that release without charge should be unconditional A release on pre-charge bail should only be made if it is both necessary and
Brexit Paper 5: Criminal Justice
1 Brexit Paper 5: Criminal Justice Summary In this field, the Bar Council is asking the Government to consider a number of public security and human rights. Firstly, the Government should negotiate a reciprocal
The European Arrest Warrant: Part of the Anti-terrorism Emergency Package?
The European Arrest Warrant: Part of the Anti-terrorism Emergency Package? Prof. Dr. Gert Vermeulen Ghent University, Institute for International Research on Criminal Policy 4 th Eurojustice Conference,
2. The table in the Annex outlines the declarations received by the General Secretariat of the Council and their status to date.
Council of the European Union Brussels, 10 June 2016 (OR. en) 9603/16 COPEN 184 EUROJUST 69 EJN 36 NOTE From: To: Subject: General Secretariat of the Council Delegations Council Framework Decision 2008/909/JHA
III ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY
5.12.2008 Official Journal of the European Union L 327/27 III (Acts adopted under the EU Treaty) ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY COUNCIL FRAMEWORK DECISION 2008/909/JHA of 27 November 2008
The Implementation of the Right of Access to a Lawyer Directive in German law
The Implementation of the Right of Access to a Lawyer Directive in German law By Björn Weißenberger, student at the Johannes Gutenberg University of Mainz, Germany I. Introduction / Legislative procedure
Council of the European Union Brussels, 19 September 2016 (OR. en)
Conseil UE Council of the European Union Brussels, 19 September 2016 (OR. en) Interinstitutional File: 2013/0255 (APP) 12341/16 LIMITE PUBLIC EPPO 22 EUROJUST 113 CATS 64 FIN 568 COPEN 265 GAF 51 CSC 252
Prisoner Transfer, Material Detention Conditions & Sentence Execution In The European Union A Journey Bound For Choppy Waters?
Prisoner Transfer, Material Detention Conditions & Sentence Execution In The European Union A Journey Bound For Choppy Waters? Neil Paterson & Marije Knapen 11 September 2010 1 Key Themes Background extension
III. (Preparatory acts) COUNCIL
12.9.2009 Official Journal of the European Union C 219/7 III (Preparatory acts) COUNCIL Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Republic
JUDGMENT OF THE COURT (Grand Chamber) 16 July 2015 *
JUDGMENT OF THE COURT (Grand Chamber) 16 July 2015 * (Reference for a preliminary ruling Urgent preliminary ruling procedure Charter of Fundamental Rights of the European Union Article 6 Right to liberty
Joint position of Bundesrechtsanwaltskammer (The German Federal Bar) and Deutscher Anwaltverein (German Bar Association)
Position 48/2012 Registernummer : 25412265365-88 November 2012 Position no. 80/2012 Registernummer: 87980341522-66 Joint position of Bundesrechtsanwaltskammer (The German Federal Bar) and Deutscher Anwaltverein
ALDE EAW Speech 17 th October 2013
ALDE EAW Speech 17 th October 2013 Thank you to Baroness Ludford and Ms Weber for inviting me to speak today. Fair Trials International is a defence rights organisation, but I would like to make very clear
International Covenant on Civil and Political Rights 1 Adopted 16 December 1966 Entered into force 23 March 1976
Selected Provisions Article 2 International Covenant on Civil and Political Rights 1 Adopted 16 December 1966 Entered into force 23 March 1976 1. Each State Party to the present Covenant undertakes to
Communication from Working Group on Arbitrary Detention Reference: G/SO 218/2
Stockholm 3 November 2014 UF2014/58264/UD/FMR Ministry for Foreign Affairs Sweden Director-General for Legal Affairs Mr Mads Andenas Chair-Rapporteur for the Working Group on Arbitrary Detention Office
COMMISSION STAFF WORKING DOCUMENT. Accompanying document to
EN EN EN EUROPEAN COMMISSION Brussels, 11.4.2011 SEC(2011) 430 final COMMISSION STAFF WORKING DOCUMENT Accompanying document to the third Report from the Commission to the European Parliament and the Council
Crime and Courts Bill Briefing for Public Bill Committee, House of Commons New Clauses: Extradition Reform
Crime and Courts Bill for Public Bill Committee, House of Commons New Clauses: Extradition Reform This publication has been produced with the financial support of the Criminal Justice Programme of the
Dignity at Trial. Key Findings of the Czech National Report
Dignity at Trial Enhancing Procedural Rights of Persons with Intellectual and/or Psychosocial Disabilities in Criminal Proceedings Key Findings of the Czech National Report Czech Republic League of Human
GAS COORDINATION GROUP RULES OF PROCEDURE
GAS COORDINATION GROUP RULES OF PROCEDURE As adopted by written procedure on 11 January 2012 RULES OF PROCEDURE OF THE GAS COORDINATION GROUP THE GAS COORDINATION GROUP, Having regard to Regulation 994/2010
The European Arrest Warrant: Latvian Experience of Application
The European Arrest Warrant: Latvian Experience of Application Jelena Groma Mag. iur. Riga Stradins University Faculty of Law E-mail: Jelena.groma@inbox.lv Sandra Kaija Dr. iur., Prof. Baltic International
A Guide to Applying to the European Court of Human Rights when fair trial rights have been violated October 2012
A Guide to Applying to the European Court of Human Rights when fair trial rights have been violated October 2012 This Guide is available online at www.fairtrials.net/publications/training/ecthrguide About
Official Gazette of the Kingdom of the Netherlands
Official Gazette of the Kingdom of the Netherlands Year 2004 JE MAINTIENDRAI 195 Act of 29 April 2004 implementing the Framework Decision of the Council of the European Union on the European arrest warrant
International covenant on civil and political rights CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT
UNITED NATIONS CCPR International covenant on civil and political rights Distr. GENERAL CCPR/C/BRA/CO/2 1 December 2005 Original: ENGLISH HUMAN RIGHTS COMMITTEE Eighty-fifth session CONSIDERATION OF REPORTS
Pre-trial detention, custodial sentences, supervision of probation measures and alternative sanctions
Pre-trial detention, custodial sentences, supervision of probation measures and alternative sanctions Prof. Dr. Gert Vermeulen Summer Course on European Criminal Justice ERA Trier, 29 June 2011 1 Context
Slide 2 We will discuss different areas where co operation with the judicial authorities may be important for prosecutors of environmental crime.
Slide 1 There is an increase in environmental law having transboundary implications. This is particularly the case in transfrontier shipment of waste but many pollution offences particularly those involving
OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 33 / 2 SEPTEMBER 2013, PRISTINA
OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 33 / 2 SEPTEMBER 2013, PRISTINA LAW NO. 04/L-213 ON INTERNATIONAL LEGAL COOPERATION IN CRIMINAL MATTERS Assembly of Republic of Kosovo, Based on Article
ACCESS TO A LAWYER DIRECTIVE
ROADMAP PRACTITIONER TOOLS ACCESS TO A LAWYER DIRECTIVE ACCESS TO A LAWYER: A GENERAL APPROACH AND SPECIFIC ISSUES WAIVER DEROGATIONS IMPLEMENTATION CHECKLIST FOR NATIONAL AUTHORITIES About Fair Trials
Briefing. Anti-Social Behaviour, Crime and Policing Bill. Second Reading, House of Lords
Briefing Anti-Social Behaviour, Crime and Policing Bill Second Reading, House of Lords October 2013 About Fair Trials International Fair Trials International (Fair Trials) is a non-governmental organisation
Developing best practice amongst defence lawyers and access to justice in European arrest warrant cases. Interim Report
Developing best practice amongst defence lawyers and access to justice in European arrest warrant cases Interim Report Introduction The European arrest warrant has been in force since 2003. Much research
COUNCIL OF THE EUROPEAN UNION. Brussels, 12 November /07 COPEN 146 EJN 32 EUROJUST 60
COUNCIL OF THE EUROPEAN UNION Brussels, 12 November 2007 14308/07 COP 146 EJN 32 EUROJUST 60 NOTE from : General Secretariat to : Delegations No. prev. doc.: 11788/07 COP 110 EJN 22 EUROJUST 41 + ADD 1