European Commission Study on Cross Border Legal Aid Project JLS/2008/E4/009. Final Report

Size: px
Start display at page:

Download "European Commission Study on Cross Border Legal Aid Project JLS/2008/E4/009. Final Report"

Transcription

1 European Commission Study on Cross Border Legal Aid Project JLS/2008/E4/009 Final Report

2 Final Report Contents Executive summary...2 Introduction...5 Methodology of Study...6 The issues...8 Conclusions of consultation...14 Proposals for a pilot project...17 Implementation of pilot project...23 Feasibility and risks...25 Other options which we considered but not approved...26 Annexes Annex 1 - Responses to legal aid questionnaires...28 Annex 2 Lists of participants at meetings in London, Madrid and Vienna

3 Executive summary The CCBE 1 and ECBA 2 (the project partners) were jointly awarded a contract to prepare a study which analyses whether it would be possible to set up a pilot project to facilitate and improve co-operation between defence lawyers working on cross border cases. As matters stand at the moment, there are limited opportunities for defence lawyers to co-operate on a cross border basis, identify colleagues rapidly in other Member States, obtain information relevant to cross border cases, or be trained on mutual recognition instruments or the criminal procedure of other Member States. In stark contrast, such systems exist and have existed for some time, for prosecutors and the judiciary, through, in particular, Eurojust and the European Judicial Training Network. The goal of this study, and of the pilot project which the project partners were asked to design, is to address this inequality of arms. The recommendations for a pilot project contained in this report, if implemented, should facilitate better co-operation between defence lawyers working on cross border cases, and improve their ability effectively to defend their clients. The recommendations involve:- improving access to information for defence lawyers through the creation of a network of contact points and development of resources to support the network, improving networking between defence lawyers, improving access to appropriate training for defence lawyers. The recommendations for a pilot project also include a proposal to use networks for the collection of factual information about the problems which arise in cross border criminal cases. Information collection would focus in particular on funding issues which are central to many of the problems which lawyers face when dealing with cross border criminal cases. We see the ongoing collection of such information as a core part of the pilot project. This information would inform not only the future development of the pilot project but also policy in relation to funding for cross border cases and procedural issues. Process To achieve the project goal, the project partners organised meetings with lawyers from three jurisdictions the UK, Spain and Austria, and circulated questionnaires for completion by 4 further Bars Lithuania, Sweden, the Czech Republic and Hungary. The information obtained through consultation helped the project partners to reach conclusions based on real, practical concerns as expressed by defence practitioners. As a result of the consultation process, the project partners agreed that the pilot project should focus on the following issues: 1 CCBE Council of Bars and Law Societies of Europe 2 ECBA European Criminal Bar Association 2

4 Facilitating the process of finding an appropriately experienced lawyer in another Member State Facilitating networking amongst criminal lawyers Facilitating access to information about criminal procedure in other Member States Providing appropriate training for defence lawyers on criminal procedure issues, and EU criminal law. Collecting evidence of problems in relation to legal aid and the funding of cross border criminal cases Collecting evidence of problems in relation to the conduct of cross border criminal cases How will these results be achieved? Following consultation, the project team concluded that the most efficient, cost effective way to deliver the goals of the pilot project was to build on existing institutions and existing resources. The lawyers who were consulted by the project team were firm in their view that any solution must above all preserve and respect the independence of the legal profession. There was therefore considerable resistance to all proposals which involved the creation of a new organisation or body to represent the interests of defence lawyers. Elements of the proposed pilot project: Participants - The pilot phase of the project would involve 10 Member States, to be selected on the basis of criteria such as their borders with other Member States, their position as an entry point to the EU, and their experience with arrest warrant cases. At least one new Member State would be included. Network - The first phase of the project would involve the creation of a network of contact points in the participating Member States. It is envisaged that in time, there would be a network of contact points throughout each participating Member State. Information - Once the network has been established, it would be used as an emergency source of information by lawyers seeking urgent help about how to find a lawyer in the Member State concerned, or how to contact the relevant authorities dealing with a case. Build contacts - Regular meetings of the network would be held to share experience, expand contacts and plan future phases of the project. Network on-line - On-line professional networking tools would be tested with a view to encouraging lawyers to network and build contacts/exchange non-confidential information on-line Training - The network would gather and feed in information about the needs of defence lawyers to assist with the design of training tools and events. At least one targeted, subsidised event would be delivered in each year of the project. Funding - The network would gather information about the problems being experienced in relation to legal aid and funding issues by defence lawyers working on cross border cases. That information would be compiled centrally and used to inform future policy on funding for such cases Procedural issues - The network would gather information about procedural issues in cross border criminal cases, which again would be collated centrally and used to inform future policy in this area. 3

5 The project team considers that this approach has a number of advantages, namely: the pilot project could begin quickly as it relies on existing resources costs are restricted, again because of the use of existing resources the recommendations retain the independence of the legal profession which is an essential condition for any action in this sphere the proposals allow the pilot project to grow and adapt in accordance with the feedback which is received from defence practitioners. If the pilot project is a success and is ultimately rolled out to all Member States, it will be able easy to take into account lessons learned over the pilot phase the pilot project will be able to collect concrete information about the real issues facing defence practitioners on an on-going basis something which has never been done before. The collection of such information is crucial to the development of policy, particularly in relation to funding Costs and implementation A provisional costing for a three year pilot project is provided. 4

6 Introduction The CCBE 3 and ECBA 4 (the project partners) were jointly awarded a contract to prepare a study which analyses whether it would be possible to set up a pilot project to facilitate and improve co-operation between defence lawyers working on cross border cases. The CCBE represents all of the Bars and Law Societies of Europe and through them, approximately 1 million European lawyers. The ECBA is an independent association of specialist defence lawyers who practise in or have an interest in European criminal law. Its membership covers 35 Member States of the Council of Europe. Both organisations are members of the Commission s Justice Forum. The proposition that a pilot project should be created arises out of an awareness at European level that co-operation between investigating and prosecuting authorities has been greatly enhanced by the creation of the European Judicial Network and Eurojust. However no such formalised means of co-operation exists for defence lawyers and there is concern that this leads to an inequality of arms. The Commission Communication on Mutual Recognition of Final Decisions in Criminal Matters stated that 'it must...be ensured that the treatment of suspects and the rights of the defence would not only not suffer from the implementation of the principle of mutual recognition but that the safeguards would even be improved through the process. 5 As matters stand at the moment, there is little consistency throughout the EU in relation to defence rights and no formalised way for defence lawyers to co-operate on a cross border basis, obtain information or be trained on mutual recognition instruments or the criminal procedure of other Member States. In stark contrast, such systems exist and have existed for a long time, for prosecutors and the judiciary, through, in particular, Eurojust and the European Judicial Training Network. The recommendations for a pilot project contained in this report, if implemented should facilitate better co-operation between defence lawyers working on cross border cases, and improve their ability effectively to defend their clients through better access to information. The recommendations involve improving access to information for defence lawyers through the creation of a network of contact points, improving networking between defence lawyers and improving access to appropriate training for defence lawyers. As such, the recommendations comply with the requirements of the Terms of Reference for the project. However, funding or legal aid for a person who cannot fund his or her own defence is also a crucial issue and we would have preferred that the Terms of Reference for this project had focussed more on legal aid in line with the title of the project. Despite the emphasis on networking in the Terms of Reference, we believe that this pilot project can also support the goal of improving access to funding, particularly in cross border cases through the collection of empirical evidence. Such evidence could support arguments for further action on funding for cross border cases and in particular for a double defence. 5 3 CCBE Council of Bars and Law Societies of Europe 4 ECBA European Criminal Bar Association 5 Commission Communication on mutual recognition of judicial decisions in criminal matters and the strengthening of mutual trust between Member States 2005

7 Methodology As soon as the award of the contract was announced, a Steering Committee was appointed to run the project. The Steering Committee comprised two representatives of the CCBE, two representatives of the ECBA and the project manager. The Steering Committee met on a number of occasions and held further discussions by conference call to establish the methodology for the project, the agenda for the meetings with Bars and practitioners and ways of widening the reach of the project and thus, the value of the information obtained. Phase 1 Meetings with Bars Phase 1 of the project involved canvassing the views of defence practitioners who are active in cross border defence work. Meetings were held with up to 20 practitioners on each occasion in London, Madrid and Vienna. Dates and attendance lists for each meeting can be found at Annex 2. An agenda for the meetings in the form of a questionnaire was circulated in advance to all participants, in order to ensure that they were fully aware of the purpose of the Commission project and the issues which needed to be covered at the meetings. The meetings were conducted in such a way as to ensure that all participants had the opportunity to raise their concerns about the conduct of cross border criminal cases and to share their experiences with the Steering Committee. At all the meetings, there was a very full, honest and open exchange of information and opinions. This was invaluable in assisting the Steering Committee to form a view about the priority issues which the project should address. Phase 2 Questionnaires To supplement the information obtained in meetings with Bars, and to obtain a wider spread of information, particularly covering new Member States, a written questionnaire was sent to the Bars of Hungary, the Czech Republic, Lithuania and Sweden. The written questionnaire covered the same ground as the agenda for the meetings with practitioners in the UK, Spain and Austria. Respondents were asked to rate a number of issues in order of seriousness and to provide practical examples of the kinds of problems which they have experienced in cross border cases. They were also invited to suggest possible solutions to the problems which they currently face. The Bars provided very helpful responses and their input reflected the same concerns as were expressed at the meetings held in London, Madrid and Vienna. 6

8 Phase 3 - Analysis of the information obtained Following the conclusion of the meetings with Bars and the receipt of completed questionnaires, the Steering Committee began to analyse the information obtained and to discuss possible options for pilot projects. Phase 4 Further meeting with Bar and practitioner representatives A meeting was held on 7 October in Brussels to discuss the Steering Committee's proposals for a pilot project with representatives of the three Bars which were visited as part of the project. Bar and practitioner representatives from each of the three countries participated in the meeting. The meeting enabled the Steering Committee to assess the viability of its proposals and to determine the level of support which the proposals had amongst Bars. Phase 5 Final Report The Final Report has been considered in detail by the Steering Committee. 7

9 The issues Discussions at meetings and analysis of written responses to questionnaires led us to conclude that there are 5 key issues for defence lawyers working on cross border cases: These issues are as follows: Finding a lawyer in another Member State quickly Funding and legal aid Protecting the procedural rights of the suspect or accused person Obtaining information about criminal procedure in other Member States Improving knowledge through training and education 'Cross border criminal cases' When we refer to a 'cross border criminal case' in this report, we do so in the broadest sense, meaning any case which has a cross border element. The Commission's tender document talks about European Arrest Warrant cases and cases which fall within the 2000 Mutual Legal Assistance Convention. In all of our consultations with lawyers, it was made very clear to us that such cases represent only a very small fraction of the 'cross border criminal cases' which lawyers are faced with today. The vast majority of cases arise out of the free movement of persons provisions and the typical 'cross border case' which a lawyer sees today involves eg. a lorry driver who is arrested in another Member State as a result of a traffic accident; a crime involving a migrant worker who is working in a Member State of which he is not a national; a crime involving an immigrant to the EU; a complex financial crime where the evidence is in one country and the suspect or accused person is in another; or, increasingly, a crime which involves a number of Member States and where the most favourable jurisdiction has been selected as the country of prosecution. Cases involving non-nationals or involving a crime which took place elsewhere or evidence which is located elsewhere in the EU are growing in number and are increasingly impacting on the daily work of defence practitioners. We believe that any steps which are taken to assist defence lawyers must cover this broad definition of a cross border criminal case. Finding a lawyer in another Member State quickly In our meetings and in the responses to questionnaires, the practical issue of how to find a lawyer in another Member State was raised again and again. The very first step that a defence lawyer needs to take in most cross border cases is to contact a lawyer from the other Member State or States concerned. That needs to be done very rapidly, particularly in EAW cases and in cases where a person has been deprived of his or her liberty and is in the custody of the police or the court. It is crucial to the proper conduct of the case that the lawyer can quickly seek advice and assistance from a lawyer in the other Member State(s) concerned in the case in order to protect the rights of the person concerned. When defence lawyers need to find a colleague to work on a case in their home Member State, they rely almost entirely on personal contacts and networks. Lists of lawyers exist in various formats and are available from a number of sources, including embassies. Directories of lawyers are also being made available through the e-justice portal, through PenalNet, and the CCBE s Find a Lawyer scheme. The 8

10 ECBA also maintains a trusted list of its members. However, practitioners informed us that they are prefer to use personal contacts, and lawyers told us that lists and directories can be out of date and generally contain no or limited information about the experience of the lawyers concerned. Lists are a starting point only when personal networks cannot be called upon andlists will never provide a complete solution for lawyers seeking to contact a colleague in another Member State, where the need is urgent. Personal contact is viewed by practitioners as the only way to find the right person for the problem at hand. Lawyers repeatedly stressed to us the need to be able to trust a lawyer in another Member State and to know that the lawyer has experience relevant to the case in question. At present criminal lawyers who are active in cross border criminal cases network through organisations such as the ECBA, through local associations of defence lawyers, and through training events both locally and in other Member States. However this is not enough. Lawyers are seeing more and more criminal cases with a cross border element and are conscious that they need to build their own networks around the EU and particularly with the countries on their own borders. In certain countries, lawyers told us that they feel increasingly challenged by cross border cases, because of their geographical location at the border of Europe, or because their country borders a new Member State. They stressed the difficulty of finding lawyers with whom they could work effectively. Countries which are an entry point to the European Union have particular problems and are increasingly faced with cases with a cross border element. Faced with growing problems of this sort, defence lawyers recognise that they need to educate themselves in more detail about EU criminal law, about the criminal procedures of other Member States and most importantly, to build their own reliable networks of lawyers around the EU. Language is another problem which has been raised in relation to networking. Lawyers need to be able to communicate with each other in order to defend the client effectively. Lawyers told us that they would welcome language training, geared specifically towards criminal defence practitioners. Lawyers would welcome the provision of such training locally, or by distance learning methods. Funding and legal aid This issue underlies all the other issues which defence lawyers face in cross border cases. If there is no funding for the lawyer's services and/or no funding for a double defence (i.e. representation by lawyers from both countries involved in the case), then there is a fundamental problem which goes to the heart of the human rights of the suspect or the accused person. If legal aid provision is inadequate then in the majority of cases, the protection of the rights of the suspect or accused will be inadequate as he or she may not be represented at all, may receive an incomplete defence, or may be represented only at a very late stage in the proceedings. Whilst networking and the ability to find a lawyer in another Member State is the main practical problem facing a lawyer instructed in a cross border case, if the suspect or accused person cannot obtain funding for the work of the lawyer or for the lawyer to seek assistance in the other Member State involved in the case, then this practical issue becomes in reality, irrelevant. The situation with regard to legal aid varies enormously from Member State to Member State in cross border cases. We have obtained information about the situation in 6 Member States and that information can be found at Appendix 1 9

11 In summary, in the Member States for which we have information, there is no difference between the treatment of nationals and non-nationals in their entitlement to legal aid. However, the extent of that legal aid, when representation commences, who provides that representation, how it is funded and how and to what extent the lawyer concerned is funded vary enormously. See Appendix 1 for details. In addition, it is almost universally the case that legal aid will not fund a double defence in a cross border case and in most countries which we surveyed, it will not cover consultation of any sort with a lawyer in the other Member State concerned. Collection of evidence in another Member State is largely not covered, nor is there provision for obtaining expert evidence from the other Member State concerned. Of the countries which we surveyed, the exception seems to be the UK, where in some cases, legal aid for the gathering of evidence, advice from a lawyer in another Member State, or the costs of obtaining expert evidence may potentially be covered if the interests of justice require it. In some of the countries which we surveyed, all lawyers are required to participate in the legal aid scheme, regardless of their regular area of practice. Remuneration can be very low and in some countries, only a very small amount is paid to the lawyer. In others the lawyers receive no payment at all. If inequality of arms between prosecution and defence is to be addressed, then funding issues must be high on the agenda. The right to have advice from a lawyer at the earliest possible stage in proceedings is fundamental, in order to ensure that both the procedural rights and the human rights of the suspect or accused are protected. In European Arrest Warrant cases, this issue is of particular concern. Lawyers told us that because of the speed of the process and because it is largely an administrative procedure, it is very difficult to influence effectively. If legal aid is not available for the initial stages of the process this creates problems in relation to knowing the facts upon which the request for a warrant was based. We heard many examples of problems arising out of the lack of legal aid. For example, in a case where an accused person from Member State A was being returned to Member State B under the EAW procedure, legal aid was only available for the work of the lawyer in Member State A no legal aid would be available for any advice from a lawyer in Member State B if there was a problem with the case. In such cases, lawyers in Member State A would 'call in favours' from contacts. In a similar case where the client could afford to pay for his or her own defence, the lawyer in Member State A would be able to prepare the case fully by seeking advice on difficult issues from a lawyer in Member State B. It is iniquitous that a different standard of justice should be available to those who can afford to fund their own defence. We would argue that particularly in EAW cases, it is vital that the legal aid system should cover the obtaining of advice from a lawyer in the other Member State concerned, where the interests of justice demand such advice. The procedural rights of the suspect or accused Funding and the protection of procedural rights are inextricably linked. A defence lawyer who has contact with a suspect or accused person at an early stage in the proceedings and who has the time, the funding and the freedom to work with the client is the most important protection for the procedural rights of the suspect or accused. Lawyers from the 7 countries who participated in our work, pointed to problems in relation to procedural rights in the context of cross border cases. Of particular concern is the problem of accessing the file on the case/ obtaining sufficient information about the case at the earliest possible stage in the proceedings. In a case where the suspect or the accused is a national of Member State A and is arrested 10

12 in Member State B, it is problematic for a lawyer in Member State A, who has been contacted by the suspect or the accused, to obtain any information at all about the case. In such a case, the lawyer must rely on being able to contact and communicate with a lawyer in Member State B. However if there is no funding for the services of one or other of the lawyers, then this process will be difficult. There are inconsistencies between Member States in the approaches which they take in relation to disclosure of the case file. We were told of a case where a lawyer in Member State A needed information about a case involving a national of Member State B. The lawyer was not able to obtain the information which was required from the authorities in Member State A, but was able to obtain it from the authorities of Member State B, via a lawyer in that country. Inequalities such as this make the work of the defence doubly difficult and prejudice the situation of the client. It is iniquitous that such situations can arise and they create inequalities between citizens of different Member States. Access to the file is not the only procedural problem which arises for a suspect or accused person in a cross border case. Linguistic issues are problematic too and again, approaches to the provision of interpretation and translation vary from Member State to Member State. It is clear to us from the responses that we received that the quality of interpretation and translation, and what is actually translated varies between Member States. In all the countries who participated in our work, there is a right to interpretation and translation and the costs of that are met by the state. However, we were told often that the quality of translation at the police station can be poor and that it can take a great deal of time for interpreters to arrive. We were also told often that it is rare for the charges to be properly translated for the accused, and that when proceedings reach the court stage, rare that the entire case file would be translated. Furthermore, we were told that in many countries, it is rare for the state to pay for translation of confidential communications between lawyer and client which are subject to privilege. This prejudices the accused's defence and is a crucial issue in cross border cases. In complex cases where the accused can afford to fund his or her own defence, it is common for the defence to obtain their own translators and interpreters in the interests of quality. Again, this highlights the difference in the level of justice which is available to rich and poor in cross border criminal cases. Obtaining information about criminal procedure in other Member States In an ideal world, a defence lawyer working on a cross border case will be able to contact a colleague whom he knows to have the correct experience to be able to help with the case at hand. He will be funded to seek that advice. However in today's world, that will rarely be the case. Lawyers have stressed to us that in the absence of such systems, they need themselves to be able to identify the basic rules of criminal procedure which apply to the situation of their client in another Member State. Often the information that they need is not just about technical rules of criminal procedure. Lawyers told us that where an accused is in custody in another EU Member State, they need to know very quickly about the rights that the accused has in relation eg to have contact with family, telephone calls, how long he or she can be held, who can have access to the client, what the charges are etc. These are often the most pressing issues when the lawyer is first notified that a person is in custody in another Member State. The lawyer is the primary source of information for the family of the person concerned. 11

13 This information is available, but it is not easy to find or access and it is not available in all languages of the EU. Projects currently underway in the context of the e-justice programme will go some way to assisting in as much as factsheets are to be prepared to address some of these issues. The PenalNet project also hopes to address this issue. However it would make the job of the defence lawyer significantly easier if more detailed information, aimed specifically at lawyers and available in all EU languages were available on the e-justice portal. The website of the European Judicial Network in Civil and Commercial Matters 6 provides quite detailed information about a range of aspects of civil law in all EU languages and criminal lawyers would welcome the same facility in relation to criminal procedure. Given that liberty is often at stake it is crucially important that defence lawyers can access information about criminal procedure in other Member States quickly and in their own language. Improving knowledge through training and education Lawyers undertake continuing education throughout their professional lives, and increasingly such education is compulsory in order to be able to continue to practise. It is clear that the law changes frequently and that it is a professional requirement to keep knowledge up-to-date. Some Bar Associations, Law Societies and training providers offer training on EU mutual recognition provisions, criminal law in the EU and other relevant issues. However lawyers told us that there is not enough training available on cross border criminal cases. Lawyers would like to be able to access more training about the particularities of cross border cases, about criminal procedure in other Member States, about developments in EU criminal law, developments in relation to Mutual Recognition in the EU, relevant decisions of the European Court of Justice and the European Court of Human Rights. However lawyers point out that no matter how much they would like to participate in training, there are a number of practical constraints to them doing so. Lawyers want to learn more about how to work effectively in cross border cases but if they have to take time away from their business and pay to travel etc to participate in such events, the number of events in which they can participate will be limited. What is needed is a new approach to training and networking. Lawyers would welcome training provided over the internet, by podcast or webcast, through social networking sites, or by the provision of materials to their local Bar Association or Law Society which can be used to provide training close to home. In that way they can expand their knowledge at their own pace and at a time which suits them, without spending significant sums of money on the process, or losing income. Such solutions do not currently exist and defence lawyers have expressed a real need for and desire to benefit from such training vehicles. Other issues identified by the Commission in the tender document. Exchange of information and documents between lawyers Based on our findings at the meetings and the input given to us, our conclusion to date is that this issue is not a priority for the pilot project

14 Issues of confidential exchange of information between lawyers are being addressed through the PenalNet project..this ambitious project is providing a secure means of communication between criminal lawyers who register to participate in the scheme. Documents may be exchanged by electronic means and the scheme will be rolled out to all 27 Member States in the future. This pilot project can however, and should address the need that defence lawyers have to be able to share experiences, and non-confidential information about how their local legal system operates in practice, contacts, etc. Quality control of legal advice All lawyers who are qualified to practice are competent to do so. It is neither appropriate or necessary for us to address this issue as questions of competence are for national Bars and Law Societies to regulate. This project can, however provide training and other learning opportunities for lawyers. Lawyers are competent to operate within their own legal system but can benefit from broadening their knowledge of the criminal procedural law of other Member States and reinforcing their knowledge of EU criminal law provisions. This will enable them to work more effectively with their colleagues in cross border criminal cases. 13

15 Conclusions of consultation In the terms of reference for the pilot project, we are asked to make recommendations for the establishment of a scheme which would assist defence lawyers working on cross border cases to cooperate better and to facilitate better exchange of information in cases involving mutual recognition instruments and the 2000 MLA Convention. We are concerned that the pilot project does not call for us to make recommendations in relation to minimum standards of legal aid, beyond to say that we may consider this aspect in making our recommendations. We and the lawyers whom we have consulted regard funding as the most fundamental challenge which is faced today in terms of securing a proper defence for an accused person and in terms of ensuring equality of arms. We recommend that legal aid should form part of the pilot project and we set out below how that can be achieved. Similar considerations apply to minimum procedural safeguards. We note that this is issue is a high priority for the current Swedish Presidency and we hope that agreement can be reached on this important issue in order to ensure that the same minimum protections are in place for suspects or accused persons around the European Union. With these comments in mind, we recommend the following as the priority areas for action in this pilot project:- Priority areas for action Facilitating the process of finding an appropriately experienced lawyer in another Member State Facilitating networking amongst criminal lawyers Facilitating access to information about criminal procedure in other Member States Providing appropriate training for defence lawyers on criminal procedure issues, EU criminal law and language training for lawyers. Collecting evidence of problems in relation to legal aid in cross border criminal cases Collecting evidence of problems in relation to the conduct of cross border criminal cases Reasoning Finding a lawyer As is explained above, defence lawyers told us that after funding (which is the determining issue in whether the suspect or accused person has a lawyer to represent him or her at all) the main issue that they have in dealing with cross border criminal cases is finding an appropriately experienced lawyer in the other Member State involved in the case. The CCBE, through the Bar Associations and Law Societies is well placed to co-ordinate existing material about the experience, physical location and language skills of lawyers who are experienced in handling cases with a cross border element and to provide a first port of call for a lawyer who needs to find another lawyer urgently in order to be able to effectively defend the client. The ECBA also has access to such information through its membership of individual defence lawyers. 14

16 Facilitating networking Lawyers told us that they want to build their own networks of contacts around the EU. They want to be able to contact someone whom they know and trust when faced with a difficult case. They want to be able to refer their contacts to appropriate people in their own Member States where required. A very high premium is placed on personal contacts. Lawyers are willing to devote more time to this and are looking for ways to build their networks. Innovative solutions which are not too time consuming are required and we believe that there is a role for solutions such as on-line networking to meet those needs. Facilitating access to information about criminal procedure around the EU Lawyers cannot effectively defend their clients' interests unless they have some idea of the rules of criminal procedure of the other Member State involved in the case. Work is going on in the context of the e-justice programme to prepare factsheets which will make information available to suspects or accused persons who are arrested/detained in another Member State. This information will be a good starting point for lawyers too. However, access to more detailed information is required to support the work of defence lawyers in the longer term. In addition, the PenalNet project will make available information about criminal procedure to those who join the scheme. It is clear that not all criminal lawyers will take up the opportunity to use the services available through the PenalNet scheme and as a result, more general access to such information is required, particularly for lawyers who are involved in cross border cases on a more occasional basis. We believe that it is important that this pilot project works on this issue. Making the information available on Bar Association or Law Society web sites in the local language and in English may be a good starting point and the pilot project can assess the feasibility of this. Much of this information may already be available as links which can be easily added to a dedicated space on Bar Association web sites, on the ECBA website, a dedicated internet group for criminal lawyers and/or on the CCBE web site. However a long term goal should be to include information specifically designed for criminal lawyers on the e-justice portal, prepared to a standard format and translated into all the languages of the EU. The pilot project should gather such information as is available and make it more accessible in the meantime. Providing appropriate training Training not only strengthens knowledge, but also facilitates networking and the building of a personal database of contacts. Currently, limited opportunities exist for criminal lawyers to participate in events tailored to their needs. Two problems need to be addressed. Firstly, more events need to take place and in a more flexible manner, in order that more lawyers can access the kind of specific training that they need. Secondly, funding needs to be made available so that lawyers with limited incomes and particularly, lawyers from the new Member States can afford to participate. Not only do they have to meet the costs of participation, but they also lose money by participating because they are not available for work. The pilot project could address these issues by working with existing training providers to design training which is more suited to the needs of criminal lawyers working on cross border cases and more readily available to them. 15

17 Collecting evidence about funding problems As stated earlier in this report, we believe that this issue is the most important issue faced in cross border criminal cases. This is the issue which determines how much advice the suspect or accused person will receive in the course of the proceedings against him or her and the fairness of the trial. The defence of the accused person may rely on the goodwill of a criminal defence lawyer working for free. That situation should not continue. One of the issues which prevents action on legal aid is lack of information about the extent of the problem. Given the unique access to experienced practitioners which the CCBE has through Bars and Law Societies and which the ECBA has through its membership, we believe that it would be a useful contribution to the debate, were the pilot project to collect real evidence of the problems which arise due to the lack of availability of any or adequate legal aid for the defence of the accused person. That information would be compiled and would inform thinking on this issue, and, hopefully, provoke action in the future. Collecting evidence about procedural problems in relation to cross border criminal cases Again, using our privileged access to practitioners, we propose that the pilot project should collect evidence of the procedural problems which occur on a day-to-day basis in cross border criminal cases. Such information would inform future action, but also would enable decisions to be made about how the pilot project should develop after its initial term. Over time, it will help to measure the effectiveness of the pilot project and any project which follows on from this one. 16

18 Proposals for a pilot project In reaching a conclusion about the nature of the pilot project which we should propose, we considered three options. Our favoured option is presented first and the other options which were considered are described later in this section of the report Recommendation for a pilot project - Build on existing resources to deliver the services which defence lawyers need Description of pilot project This pilot project addresses :- The need to provide a resource for defence lawyers to enable them to obtain reliable help and information quickly when they are involved in a cross border case. The need to raise awareness amongst defence lawyers of the resources which currently exist and of issues which commonly arise in cross border cases The need to improve knowledge amongst defence lawyers, both of EU criminal law and of the criminal procedure of other Member States. The need to gather information about issues particular to cross border cases, particularly funding issues Who will deliver the project? Existing organisations such as the CCBE and the ECBA have structures in place which could be built upon to support criminal defence lawyers working on cross border cases and, most importantly, which are trusted by criminal defence lawyers. Which Member States will be involved in the pilot phase? - This pilot project is designed to be the first phase of a long-term project which would gradually extend the support which it offers to all defence lawyers working on cross border cases. The approach is to build a range of services and resources over time as knowledge of the problems encountered on a day-to-day basis by defence lawyers working on cross border cases grows and develops. It is proposed that the project should work in 10 Member States initially. The 10 Member States should be selected on the basis of their level of exposure to cross border criminal cases, and EAW cases in particular. The 10 countries selected to participate in the pilot project should include: at least one new Member State Member States which have more than one border with another Member State Member States which are recognised as first points of entry to the EU At the end of the pilot phase, the project could be rolled out to all 27 Member States. 17

19 We have chosen this approach because it will mean that the project can begin quickly, with limited setup costs. We also believe that it is more effective to use the pilot project to collect more detailed information about what lawyers need and to test the mechanisms for delivery of the support, before rolling it out to all 27 Member States which would be costly and difficult to manage in the early stages. Organisation of the pilot project Management and administration The project should be managed by a Steering Committee of defence lawyers. The Steering Committee will be responsible for making all policy decisions about the project and for ensuring that the project goals are met. The representatives should have significant experience of cross border criminal cases and they will bring their experience to bear in ensuring that the steps taken as part of the project truly address the needs of practitioners. The pilot project should be managed on a day-to-day basis by an experienced project manager who should be recruited specifically for the purpose. The project manager should also have a background in criminal law. Administrative support would be provided by the organisations concerned. Objective 1 - Provide an 'emergency' resource for defence lawyers Lawyers told us repeatedly that the most important thing for them when faced with a cross border criminal case was to be able to quickly find an experienced practitioner in the other Member State (or States) concerned. We believe that the first step for the pilot project is to establish a network of contact points in the Member States which participate. We see this network of contact points as crucial to the operation of the project in its entirety. In the first instance, contact details for the network should be made available on existing web sites which are habitually consulted by defence lawyers, such as those of the CCBE, ECBA and Bars and Law Societies, which are habitually consulted by lawyers. Names, phone numbers, addresses and language capability should be provided. Defence practitioners who are faced with an urgent situation where they need help would be able to use this network to obtain rapid help with basic advice about how to find a lawyer, how to contact officials involved in the case, very basic advice about procedural steps which will be taken etc. This role would not be one of giving legal advice or taking the place of the lawyer who ultimately works on the case. Rather it would be an emergency first port of call for guidance on what steps to take rather than the provision of actual legal advice. Contact points would not make referrals to local lawyers, but would advise on how to find a local lawyer with appropriate experience, using existing resources. Over the life of the pilot project, new, comprehensive resources may be developed to assist the network of contact points and current or planned projects such as search engines for finding lawyers through the e-justice portal can be used., 18

20 It is impossible at this stage to know what sort of burden this would place on the network and it is also impossible to know how exactly the network will be used. It will be part of the pilot project to assess the effectiveness of this solution and to consider whether there are other alternatives. Contact points would meet twice per year to share experiences and to participate in discussions about development of the project. In this way, the experiences of defence lawyers will shape the future of the project. Contact points will also grow their own networks through this process. It is conceivable that in time, quite substantial networks of lawyers could be established as part of the project, thus increasing the value of the network. Objective 2 Raise awareness amongst defence lawyers of the resources which currently exist and of common issues in cross border cases. The 'network' will be well-placed to use local resources to spread information and knowledge to local defence lawyers. The 'network' would work with the Steering Committee and the co-ordinator to ensure that relevant information is made available in the most appropriate way. The 'network', since it comprises local practising lawyers, will be able to use all the resources which are available in the country such as Bar Associations, Law Societies and Criminal Bar Associations where these exist, legal publications and web sites. In the first instance, information would be disseminated about the 'networks' and their contact details. Existing information about criminal procedural law would be collected and disseminated through the resources available to the project. The 'networks' themselves would identify the best way to make sure that that information is disseminated as widely as possible and in the most effective way in their own Member State. Using existing resources has huge advantages in as much as the organisations concerned are already habitually consulted and trusted by lawyers. They are automatic current sources of information and are available to all lawyers. Using existing resources means that there is no need to build awareness of new websites or publications, or to incur costs on a speculative basis. Objective 3 Improve the knowledge of defence lawyers about cross border criminal cases One of the roles of the 'network' would be to keep a record of the nature of the requests for assistance that they receive and the problems in the handling of cross border cases which are regularly raised. They will be able to assess where the major difficulties lie and what questions are regularly being asked by lawyers. The information collected as part of the pilot project, would be used to build a picture of training needs and to identify ways to address those needs. Once such a picture has been built, we believe that the pilot project should work with an appropriate training provider such as ERA to deliver a 'test' training event towards the end of the first year of the project, once information has been collected to assist with design of the event. The event should be rerun in its original or an improved format in subsequent years of the project. We believe that attendance at the event should be subsidised to allow those who are most in need of such training (those who cannot normally afford to attend such events, those from new Member States etc) to participate. 19

21 Running test events would allow an assessment of reactions, attendance levels, actual need, etc. As a result, recommendations would be made for a training component in the next phase of the project when all 27 Member States are involved. The pilot project would also identify means of building broader networks of defence lawyers around Europe and of using those tools to disseminate training etc. For example, professional networking sites may have a role to play in providing a forum for lawyers to share experience and to network on line with other interested colleagues and build relationships. Such sites also offer a means of disseminating training and using technology to share presentations, podcasts etc. The pilot project would establish and test such internet-based options and encourage lawyers from the initial 10 participating Member States to join and test their effectiveness as networking and training tools. 20

NETWORKING POSSIBILITIES FOR DEFENCE COUNSEL IN THE EU. www.era.int. Co-funded by the Criminal Justice Programme of the European Union

NETWORKING POSSIBILITIES FOR DEFENCE COUNSEL IN THE EU. www.era.int. Co-funded by the Criminal Justice Programme of the European Union www.era.int Academy of European Law NETWORKING POSSIBILITIES FOR DEFENCE COUNSEL IN THE EU Co-funded by the Criminal Justice Programme of the European Union Structure of the brochure This brochure will

More information

The new European directive on the rights to interpretation and translation in criminal proceedings

The new European directive on the rights to interpretation and translation in criminal proceedings Caroline Morgan, European Commission The new European directive on the rights to interpretation and translation in criminal proceedings 1 Introduction On 20 October 2010, the European Parliament and the

More information

Council of the European Union Brussels, 29 May 2015 (OR. en)

Council of the European Union Brussels, 29 May 2015 (OR. en) Council of the European Union Brussels, 29 May 2015 (OR. en) 9206/15 "I/A" ITEM NOTE From: To: General Secretariat of the Council EJUSTICE 60 JUSTCIV 128 COPEN 139 JAI 352 Permanent Representatives Committee

More information

Assise de la Justice Brussels, 21 & 22 November 2013. Presentation by Maura McGowan QC Chairman of the Bar Council of England and Wales

Assise de la Justice Brussels, 21 & 22 November 2013. Presentation by Maura McGowan QC Chairman of the Bar Council of England and Wales Assise de la Justice Brussels, 21 & 22 November 2013 Presentation by Maura McGowan QC Chairman of the Bar Council of England and Wales Day 2 Towards a More Integrated European Area of Justice Based on

More information

European judicial training 2014. Justice

European judicial training 2014. Justice European judicial training 2014 Justice Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) Certain mobile telephone

More information

Procedural Safeguards in Criminal Justice: the EU s Roadmap. prof. Raimundas Jurka 2013-05-10

Procedural Safeguards in Criminal Justice: the EU s Roadmap. prof. Raimundas Jurka 2013-05-10 Procedural Safeguards in Criminal Justice: the EU s Roadmap prof. Raimundas Jurka 2013-05-10 1 Contents of Presentation 1. General outlines on the EU s roadmap on procedural guarantees; 2. Approximation

More information

The Lawyer s Independence

The Lawyer s Independence The Lawyer s Independence The Law on the Bar defines the Bar as an independent institution [Art 1] and it goes on to provide in Article 43 that a lawyer shall be independent.. and Article 44 sets out specific

More information

ACCESS TO JUSTICE: A COMPARATIVE ANALYSIS OF CUTS TO LEGAL AID THE CHANGING FACE OF THE LEGAL PROFESSION

ACCESS TO JUSTICE: A COMPARATIVE ANALYSIS OF CUTS TO LEGAL AID THE CHANGING FACE OF THE LEGAL PROFESSION ACCESS TO JUSTICE: A COMPARATIVE ANALYSIS OF CUTS TO LEGAL AID THE CHANGING FACE OF THE LEGAL PROFESSION A short paper presented on 19 th March 2014 to a symposium organised by the University of Warwick

More information

Council of the European Union Brussels, 12 September 2014 (OR. en)

Council of the European Union Brussels, 12 September 2014 (OR. en) Council of the European Union Brussels, 12 September 2014 (OR. en) Interinstitutional File: 2013/0409 (COD) 13132/14 NOTE From: To: Presidency DROIPEN 104 COPEN 218 CODEC 1799 Working Party on Substantive

More information

COMMISSION RECOMMENDATION. of XXX. on the right to legal aid for suspects or accused persons in criminal proceedings

COMMISSION RECOMMENDATION. of XXX. on the right to legal aid for suspects or accused persons in criminal proceedings EUROPEAN COMMISSION Brussels, XXX C(2013) 8179/2 COMMISSION RECOMMENDATION of XXX on the right to legal aid for suspects or accused persons in criminal proceedings EN EN COMMISSION RECOMMENDATION of XXX

More information

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 Members will have heard me speak previously, in this chamber and elsewhere, of the opportunities that the devolution of justice

More information

From: Head of Prison Administration Department, Legislation and International Relations Research Office, Ministry of Justice

From: Head of Prison Administration Department, Legislation and International Relations Research Office, Ministry of Justice Translation of letter Undated From: Head of Prison Administration Department, Legislation and International Relations Research Office, Ministry of Justice To: DG JUST B.1 Ref: US-INT--2-4/4 Subject: Strengthening

More information

Best practices for effective communication (EU Directive on the right to interpretation and translation in criminal proceedings Article 6)

Best practices for effective communication (EU Directive on the right to interpretation and translation in criminal proceedings Article 6) Best practices for effective communication (EU Directive on the right to interpretation and translation in criminal proceedings Article 6) Vademecum for lawyers Roland Kier, Austria Dear ladies and gentlemen,

More information

GUIDELINES ON LINGUISTIC TRAINING ( October 2013)

GUIDELINES ON LINGUISTIC TRAINING ( October 2013) EJTN LINGUISTICS SUB-GROUP GUIDELINES ON LINGUISTIC TRAINING ( October 2013) The European Judicial Training Network devotes a great deal of effort to designing linguistic projects for EU judges and prosecutors

More information

Standards of professional responsibility and statement of the essential duties and rights of prosecutors

Standards of professional responsibility and statement of the essential duties and rights of prosecutors Standards of professional responsibility and statement of the essential duties and rights of prosecutors adopted by the International Association of Prosecutors on the twenty third day of April 1999 Foreword

More information

Clearer rules for international couples frequently asked questions

Clearer rules for international couples frequently asked questions Clearer rules for international couples frequently asked questions Why does the EU need to act to help international couples? There are around 122 million marriages in the EU, of which around 16 million

More information

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS).

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a society of solicitors acting for the victims of motor accidents, including those involving Personal

More information

Lawyers and e Justice

Lawyers and e Justice Council Bars & Law Societies Europe Lawyers and e Justice e Justice and e Law Conference Rome, 13 14 October 2014 Corte di Cassazione Aldo Bulgarelli President Council Bars and Law Societies Europe (CCBE)

More information

SCYJ response to Ministry of Justice consultation: Preserving and Enhancing the Quality of Criminal Advocacy November 2015

SCYJ response to Ministry of Justice consultation: Preserving and Enhancing the Quality of Criminal Advocacy November 2015 SCYJ response to Ministry of Justice consultation: Preserving and Enhancing the Quality of Criminal Advocacy November 2015 Summary Following disquiet about standards, the Government s consultation sets

More information

financial interests and the establishment of a European Public Prosecutor.

financial interests and the establishment of a European Public Prosecutor. Public hearing on the Green Paper on the protection under criminal law of the Communities financial interests and the establishment of a European Public Prosecutor. Brussels, 16 and 17 September 2002 Speech

More information

Opinion of the International Juvenile Justice Observatory

Opinion of the International Juvenile Justice Observatory The International Juvenile Justice Observatory promoting international development strategies of appropriate policies, and intervention methods within the context of a global juvenile justice without borders.

More information

The new Austrian legal aid emergency service: First experiences

The new Austrian legal aid emergency service: First experiences 1 The new Austrian legal aid emergency service: First experiences Richard Soyer, Vienna Before delivering a short report on the first experiences with the new legal aid emergency service, established in

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a

More information

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols Scottish Civil Justice Council Personal Injury Committee Information Gathering Exercise on Pre Action Protocols Response from the Motor Accident Solicitors Society June 2014 Introduction This response

More information

Request for Tender. The JUSTICIA Network is financially supported by the Criminal Justice Programme of the European Union. 1

Request for Tender. The JUSTICIA Network is financially supported by the Criminal Justice Programme of the European Union. 1 Request for Tender 1.Introduction The JUSTICIA European Rights Network is seeking tenders from individual researchers, a collection of individual researchers or specialist national human rights organisations

More information

Section 1: Development of the EU s competence in the field of police and judicial cooperation in criminal matters

Section 1: Development of the EU s competence in the field of police and judicial cooperation in criminal matters CALL FOR EVIDENCE ON THE GOVERNMENT S REVIEW OF THE BALANCE OF COMPETENCES BETWEEN THE UNITED KINGDOM AND THE EUROPEAN UNION Police and Criminal Justice LEGAL ANNEX Section 1: Development of the EU s competence

More information

CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE

CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE Représentant les avocats d Europe Representing Europe s lawyers CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION

More information

Making a cross border claim in the EU

Making a cross border claim in the EU Making a cross border claim in the EU serving the community through the administration of justice Using the European Order for Payment procedure or the European Small Claims procedure Version: 2.0 Date

More information

PUBLIC CONSULTATION 1. INTRODUCTION

PUBLIC CONSULTATION 1. INTRODUCTION PUBLIC CONSULTATION ON LIMITATION PERIODS FOR COMPENSATION CLAIMS OF VICTIMS OF CROSS-BORDER ROAD TRAFFIC ACCIDENTS IN THE EUROPEAN UNION 1. INTRODUCTION For more than 10 years the European Union has developed

More information

MEMORANDUM OF UNDERSTANDING BETWEEN NHSPROTECT AND THE CROWN PROSECUTION SERVICE

MEMORANDUM OF UNDERSTANDING BETWEEN NHSPROTECT AND THE CROWN PROSECUTION SERVICE MEMORANDUM OF UNDERSTANDING BETWEEN NHSPROTECT AND THE CROWN PROSECUTION SERVICE Introduction 1. This Memorandum of Understanding (MOU) between NHS Protect!,.the Crown Prosecution Service (CPS) describes

More information

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness Service and the Senior Presiding Judge for England and Wales on Reading

More information

SEAFARER SUBJECT GUIDE

SEAFARER SUBJECT GUIDE USING LAWYERS IN SOUTH KOREA This Guide deals in general terms with using lawyers in South Korea. It aims to help a seafarer understand the legal profession in South Korea, and how to select, engage, and

More information

Guide for applicants to the ICC List of Counsel and Assistants to Counsel

Guide for applicants to the ICC List of Counsel and Assistants to Counsel Guide for applicants to the ICC List of Counsel and Assistants to Counsel Please note: It is of utmost importance to fully understand and properly follow the instructions provided in the present guide,

More information

DELIVERING OUR STRATEGY

DELIVERING OUR STRATEGY www.lawsociety.org.uk DELIVERING OUR STRATEGY Our three year plan 2015 2018 >2 > Delivering our strategy Catherine Dixon Chief executive Foreword Welcome to our three year business plan which sets out

More information

Submission. September 2014

Submission. September 2014 Victims of Crime (Compensation) Amendment Bill 2014 Submission September 2014 Contact: Julian Roffe Chief Executive Victim Support Service T: 1800VICTIM E: julianr@victimsa.org PO Box 6610 Halifax Street

More information

Pre-trial detention: the case for urgent EU action

Pre-trial detention: the case for urgent EU action Pre-trial detention: the case for urgent EU action May 2012 Our vision: Working for a world where every person's right to a fair trial is respected, whatever their nationality, wherever they are accused

More information

Priority Areas of Criminal Justice Reform in Ukraine: the Vision of Advocates

Priority Areas of Criminal Justice Reform in Ukraine: the Vision of Advocates Priority Areas of Criminal Justice Reform in Ukraine: the Vision of Advocates Results of the Questionnaire from Advocates Kyiv, November 2014 Disclaimer: The opinions and statements made in this document

More information

10128/16 LB/dk 1 DGD 1C

10128/16 LB/dk 1 DGD 1C Council of the European Union Brussels, 13 June 2016 (OR. en) 10128/16 OUTCOME OF PROCEEDINGS From: On: 9 June 2016 To: General Secretariat of the Council Delegations No. prev. doc.: 8770/16, 8819/16 Subject:

More information

REPORT ON THE EXECUTION ON THE EAW ISSUED BY MEMBER STATE Z AGAINST PAUL

REPORT ON THE EXECUTION ON THE EAW ISSUED BY MEMBER STATE Z AGAINST PAUL REPORT ON THE EXECUTION ON THE EAW ISSUED BY MEMBER STATE Z AGAINST PAUL Regarding the case of the European arrest warrant (hereinafter, EAW) issued by member state Z against Paul, the following facts

More information

For a European Space of Legal Education

For a European Space of Legal Education European Law Faculties Association (ELFA) Secretariat: KU Leuven, Faculty of Law Tiensestraat 41 B 3000 Leuven Email: elfa@law.kuleuven.ac.be Website: http://elfa.bham.ac.uk/ For a European Space of Legal

More information

PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 8 July 2005 11037/05 LIMITE CRIMORG 67 ENFOPOL 88

PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 8 July 2005 11037/05 LIMITE CRIMORG 67 ENFOPOL 88 Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 8 July 2005 PUBLIC 11037/05 LIMITE CRIMORG 67 FOPOL 88 OUTCOME OF PROCEEDINGS of: Article 36 Committee on: 7 and 8 July 2005 No. prev. doc. : 8255/05

More information

PUBLIC CONSULTATION 1. INTRODUCTION

PUBLIC CONSULTATION 1. INTRODUCTION PUBLIC CONSULTATION ON LIMITATION PERIODS FOR COMPENSATION CLAIMS OF VICTIMS OF CROSS-BORDER ROAD TRAFFIC ACCIDENTS IN THE EUROPEAN UNION 1. INTRODUCTION For more than 10 years the European Union has developed

More information

CCBE POSITION WITH RESPECT TO THE FREE CHOICE OF A LAWYER IN RELATION TO LEGAL EXPENSES INSURANCE

CCBE POSITION WITH RESPECT TO THE FREE CHOICE OF A LAWYER IN RELATION TO LEGAL EXPENSES INSURANCE CCBE POSITION WITH RESPECT TO THE FREE CHOICE OF A LAWYER IN RELATION TO LEGAL EXPENSES INSURANCE CCBE position with respect to the free choice of a lawyer in relation to legal expenses insurance The Council

More information

COUNCIL OF EUROPE COMMITTEE OF MINISTERS

COUNCIL OF EUROPE COMMITTEE OF MINISTERS COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims (Adopted by the Committee of Ministers on 14 June 2006 at

More information

ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill

ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill ASLEF Response to the Making Justice Work Consultation Reform (Scotland) Bill The Associated Society of Locomotive Engineers and Firemen (ASLEF) is the UK s largest train driver s union representing approximately

More information

Delivering Justice in an Age of Austerity

Delivering Justice in an Age of Austerity Delivering Justice in an Age of Austerity A Report by JUSTICE Chair of the Committee The Rt. Hon Sir Stanley Burnton ANNEXE. SUMMARY NOTE ON LEGAL EXPENSES INSURANCE Introduction This note summarises

More information

Introduction. Fields marked with * are mandatory.

Introduction. Fields marked with * are mandatory. Questionnaires on introducing the European Professional Card for nurses, doctors, pharmacists, physiotherapists, engineers, mountain guides and estate agents(to competent authorities and other interested

More information

the parties may request a review of the provisions of this MoU.

the parties may request a review of the provisions of this MoU. MEMORANDUM OF UNDERSTANDING between THE CROWN PROSECUTION SERVICE and the AIR ACCIDENTS INVESTIGATION BRANCH, MARINE ACCIDENT INVESTIGATION BRANCH, AND RAIL ACCIDENT INVESTIGATION BRANCH. Introduction

More information

Concerning: Norwegian Nurses Organisation s input to the Green Paper on Modernising the Professional Qualifications Directive

Concerning: Norwegian Nurses Organisation s input to the Green Paper on Modernising the Professional Qualifications Directive European Commission Directorate General Internal Market and Services Oslo, August 26th 2011 Concerning: Norwegian Nurses Organisation s input to the Green Paper on Modernising the Professional Qualifications

More information

Using videoconferencing to obtain evidence in civil and commercial matters under Council Regulation (EC) No 1206/2001 of 28 May 2001

Using videoconferencing to obtain evidence in civil and commercial matters under Council Regulation (EC) No 1206/2001 of 28 May 2001 Using videoconferencing to obtain evidence in civil and commercial matters under Council Regulation (EC) No 1206/2001 of 28 May 2001 A practical guide European Judicial Network in civil and commercial

More information

A response by the Association of Personal Injury Lawyers

A response by the Association of Personal Injury Lawyers European Commission Compensation of victims of Cross-Border Road Traffic Accidents in the European Union A response by the Association of Personal Injury Lawyers May 2009 Page 1 of 8 The Association of

More information

Eurojust s Multi-annual. Strategic Plan 2012-2014. Organisational developments. Centre of expertise. Operational work. Partners

Eurojust s Multi-annual. Strategic Plan 2012-2014. Organisational developments. Centre of expertise. Operational work. Partners Eurojust s Multi-annual Strategic Plan 2012-2014 Operational work Centre of expertise Partners Organisational developments Introduction Eurojust is entering a crucial phase of development as it approaches

More information

Policy Paper on Non-Formal Education: A framework for indicating and assuring quality

Policy Paper on Non-Formal Education: A framework for indicating and assuring quality Policy Paper on Non-Formal Education: A framework for indicating and assuring quality Adopted by the Council of Members/ Extraordinary General Assembly 2-3 May 2008 (Castelldefels, Catalonia - Spain) 0.

More information

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.

More information

Staff Investigation Protocol

Staff Investigation Protocol Version: 3.0 Document author(s): Stuart Selkirk Approved by: Executive Partnership Forum Date approved: 17 July 2014 Review date: 30 September 2016 Document scope: Trust-wide Version History Log Use this

More information

Defendants charged with serious violent and sexual offences (including murder)

Defendants charged with serious violent and sexual offences (including murder) Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that

More information

Good practices and tools for use in case management, including by front-line law enforcement authorities responding to trafficking in persons

Good practices and tools for use in case management, including by front-line law enforcement authorities responding to trafficking in persons Distr.: General 9 December 2009 Original: English Working Group on Trafficking in Persons Vienna, 27-29 January 2010 Item 6 of the provisional agenda * Good practices and tools for use in case management,

More information

Employment Policies, Procedures & Guidelines for Schools

Employment Policies, Procedures & Guidelines for Schools DEALING WITH ALLEGATIONS OF ABUSE AGAINST TEACHERS, OTHER STAFF AND VOLUNTEERS GUIDANCE FOR LOCAL AUTHORITIES, HEAD TEACHERS, SCHOOL STAFF AND GOVERNING BODIES March 2012 1 ABOUT THIS GUIDANCE This is

More information

(Legislative acts) DIRECTIVES

(Legislative acts) DIRECTIVES 6.11.2013 Official Journal of the European Union L 294/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2013/48/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2013 on the right of access to

More information

Knowledge. Practical guide to competition damages claims in the UK

Knowledge. Practical guide to competition damages claims in the UK Knowledge Practical guide to competition damages claims in the UK Practical guide to competition damages claims in the UK Contents Reforms to damages litigation in the UK for infringements of competition

More information

CEOP Relationship Management Strategy

CEOP Relationship Management Strategy Making every child child matter matter... everywhere... everywhere CEOP Relationship Management Strategy Breaking down the barriers to understanding child sexual exploitation Child Exploitation and Online

More information

Recorded Crime in Scotland. Scottish Government

Recorded Crime in Scotland. Scottish Government Recorded Crime in Scotland Scottish Government Assessment Report 2 June 2009 Recorded Crime in Scotland June 2009 Crown Copyright 2009 The text in this document may be reproduced free of charge in any

More information

1. Outline the qualifications and training required to become a barrister and solicitor, and describe the work each profession carries out.

1. Outline the qualifications and training required to become a barrister and solicitor, and describe the work each profession carries out. AQA LAW - AS EXAMINATIONS Unit 1 - LAW01 - Law Making and the Legal System THE LEGAL PROFESSIONS BARRISTERS and SOLICITORS 1. Outline the qualifications and training required to become a barrister and

More information

Camden Asset Recovery Inter-Agency Network (CARIN)

Camden Asset Recovery Inter-Agency Network (CARIN) Camden Asset Recovery Inter-Agency Network (CARIN) The History, Statement of Intent, Membership and Functioning of CARIN MANUAL CARIN MANUAL Secretariat, Camden Asset Recovery Inter-Agency Network (CARIN)

More information

LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS I GENERAL PROVISIONS Subject and Application of the Law Article 1 This Law shall govern mutual assistance in criminal matters (hereinafter: mutual assistance)

More information

Candidate Guide. Legal Trainee Scheme 2016 Application Guidance

Candidate Guide. Legal Trainee Scheme 2016 Application Guidance Legal Trainee Scheme 2016 Application Guidance 1 Contents The Offer Recruitment Process Eligibility Requirements Security Check Feedback Application Questions Recruitment Process Schedule Candidates Declaring

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES

ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES 1. BACKGROUND 1.1. The CPS is publicly accountable for the selection and performance

More information

Consultation Document. Whiplash Reform: Proposals on Fixed Costs for Medical Examinations/Reports and Related Issues.

Consultation Document. Whiplash Reform: Proposals on Fixed Costs for Medical Examinations/Reports and Related Issues. Consultation Document Whiplash Reform: Proposals on Fixed Costs for Medical Examinations/Reports and Related Issues Response from: British Vehicle Rental and Leasing Association River Lodge Badminton Court

More information

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD A FOREWORD A1. These Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

Compensation. International framework Marjan Wijers

Compensation. International framework Marjan Wijers Compensation International framework Marjan Wijers Why? Legal basis International human rights law ECrtHR, Rantsev vs Russia and Cyprus (2010): trafficking falls within the scope of Art. 4 ECHR without

More information

POSITION OF THE NOTARIES OF EUROPE ON THE POST-STOCKHOLM PROGRAMME

POSITION OF THE NOTARIES OF EUROPE ON THE POST-STOCKHOLM PROGRAMME POSITION OF THE NOTARIES OF EUROPE ON THE POST-STOCKHOLM PROGRAMME In ever-increasing numbers, European citizens are living, studying, marrying, divorcing and dying in a Member State other than that in

More information

Restructure, Redeployment and Redundancy

Restructure, Redeployment and Redundancy Restructure, Redeployment and Redundancy Purpose and Scope From time to time the Lake District National Park Authority will need to reorganise its services and staffing to meet changes that arise in future

More information

Guiding principles of the Netherlands regarding the implementation of the Council conclusions

Guiding principles of the Netherlands regarding the implementation of the Council conclusions Guiding principles of the Netherlands regarding the implementation of the Council conclusions for the realisation of a European Forensic Science Area by 2020. The Netherlands consider the Council conclusions

More information

President s Guidance on Continuity and Deployment (Public Law)

President s Guidance on Continuity and Deployment (Public Law) Introduction President s Guidance on Continuity and Deployment (Public Law) 1. This Guidance is issued by the President of the Family Division under PD 12A (PLO 2014). 2. This Guidance applies to all care

More information

GUIDANCE FOR EMPLOYED BARRISTERS. Part 1. General

GUIDANCE FOR EMPLOYED BARRISTERS. Part 1. General GUIDANCE FOR EMPLOYED BARRISTERS Part 1. General 1.1 This guidance has been issued by the Professional Standards Committee, the Professional Conduct and Complaints Committee and the Employed Barristers

More information

NEGOTIATING FRAMEWORK FOR TURKEY. Principles governing the negotiations

NEGOTIATING FRAMEWORK FOR TURKEY. Principles governing the negotiations NEGOTIATING FRAMEWORK FOR TURKEY Principles governing the negotiations 1. The negotiations will be based on Turkey's own merits and the pace will depend on Turkey's progress in meeting the requirements

More information

COMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER

COMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.11.2009 COM(2009) 624 final GREEN PAPER on obtaining evidence in criminal matters from one Member State to another and securing its admissibility

More information

Bar Standards Board: Public Access Rules consultation

Bar Standards Board: Public Access Rules consultation Bar Standards Board: Public Access Rules consultation A response from Garden Court Chambers 57-60 Lincoln's Inn Fields London WC2A 3LJ DX: 34 Chancery Lane Tel: 020 7993 7600 Fax: 020 7993 7700 www.gardencourtchambers.co.uk

More information

Symposium report. The recruitment and retention of nurses in adult social care

Symposium report. The recruitment and retention of nurses in adult social care Symposium report The recruitment and retention of nurses in adult social care Overview 1. Social care employers providing nursing care services have been raising concerns about nursing recruitment and

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

The Fostering Network 2006 Managing Allegations and Serious Concerns About Foster Carers Practice: a guide for fostering services.

The Fostering Network 2006 Managing Allegations and Serious Concerns About Foster Carers Practice: a guide for fostering services. 1 foreword The role of foster carers is a unique and challenging one. They look after some of our most vulnerable children, 24 hours a day, and it is essential that they are properly supported. The way

More information

CCBE RESPONSE REGARDING THE EUROPEAN COMMISSION PUBLIC CONSULTATION ON CLOUD COMPUTING

CCBE RESPONSE REGARDING THE EUROPEAN COMMISSION PUBLIC CONSULTATION ON CLOUD COMPUTING CCBE RESPONSE REGARDING THE EUROPEAN COMMISSION PUBLIC CONSULTATION ON CLOUD COMPUTING CCBE response regarding the European Commission Public Consultation on Cloud Computing The Council of Bars and Law

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

Health & Wellbeing Framework. Absence Management Policy

Health & Wellbeing Framework. Absence Management Policy Health & Wellbeing Framework Absence Management Policy 1 Introduction This Policy is part of the Health & Wellbeing Framework which is made up of a number of elements which together encompass all formal

More information

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 3 February 2012 5999/12 LIMITE JAI 53 USA 2 DATAPROTECT 13 RELEX 76

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 3 February 2012 5999/12 LIMITE JAI 53 USA 2 DATAPROTECT 13 RELEX 76 COUNCIL OF THE EUROPEAN UNION Brussels, 3 February 2012 5999/12 LIMITE JAI 53 USA 2 DATAPROTECT 13 RELEX 76 NOTE from: Commission services to: JHA Counsellors No. prev. doc.: 17480/10 JAI 1049 USA 127

More information

Information for Applicants Social Worker in Schools (SWiS) Vacancy

Information for Applicants Social Worker in Schools (SWiS) Vacancy www.jigsawwhanganui.org.nz Information for Applicants Social Worker in Schools (SWiS) Vacancy jigsaw whanganui is the trading name of Family Support Services Whanganui Trust, a community social service

More information

Safer recruitment scheme for the issue of alert notices for healthcare professionals in England

Safer recruitment scheme for the issue of alert notices for healthcare professionals in England Safer recruitment scheme for the issue of alert notices for healthcare professionals in England November 2006 The issue of alert notices for healthcare professionals Summary 1. NHS Employers and the Department

More information

JLS/2007/D1/032 ANNEX 1 Terms of Reference Network of experts on the economic analysis of terrorism and anti-terror policies (NEAT)

JLS/2007/D1/032 ANNEX 1 Terms of Reference Network of experts on the economic analysis of terrorism and anti-terror policies (NEAT) JLS/2007/D1/032 ANNEX 1 Terms of Reference Network of experts on the economic analysis of terrorism and anti-terror policies (NEAT) 1. INTRODUCTION AND BACKGROUND Article 2 of the Treaty establishing the

More information

TITLE III JUSTICE, FREEDOM AND SECURITY

TITLE III JUSTICE, FREEDOM AND SECURITY TITLE III JUSTICE, FREEDOM AND SECURITY Article 14 The rule of law and respect for human rights and fundamental freedoms In their cooperation on justice, freedom and security, the Parties shall attach

More information

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this

More information

Duty Solicitor Call Centre and CDS Direct Expansion

Duty Solicitor Call Centre and CDS Direct Expansion Duty Solicitor Call Centre and CDS Direct Expansion March 2007 Contents Section: Page Number: Introduction and Background 3 The Carter Review 5 The Current System 6 The Need For Change 7 The Proposal 8

More information

Dealing with Allegations of Abuse Against Staff in Schools. Practice Guidance

Dealing with Allegations of Abuse Against Staff in Schools. Practice Guidance Dealing with Allegations of Abuse Against Staff in Schools Practice Guidance About this guidance This is statutory guidance from the Department for Education. Schools and colleges must have regard to it

More information

Referral fees, referral arrangements and fee sharing

Referral fees, referral arrangements and fee sharing Referral fees, referral arrangements and fee sharing This response to the consultation is prepared by the Association of Regulated Claims Management Companies (ARC). We act as an industry trade body for

More information

PEOPIL The Pan-European Organisation of Personal Injury Lawyers www.peopil.com

PEOPIL The Pan-European Organisation of Personal Injury Lawyers www.peopil.com PEOPIL The Pan-European Organisation of Personal Injury Lawyers www.peopil.com PEOPIL RESPONSE TO THE EUROPEAN COMMISSION «GREEN PAPER ON THE REVIEW OF COUNCIL REGULATION (EC) NO 44/2001 ON JURISDICTION

More information

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY Action against Medical Accidents Questionnaire The Government proposes to introduce fixed recoverable costs for all cases where

More information

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS).

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a Society of solicitors acting for the victims of motor accidents, including those involving Personal

More information

Education Services for Overseas Students Act 2000

Education Services for Overseas Students Act 2000 Education Services for Overseas Students Act 2000 Act No. 164 of 2000 as amended This compilation was prepared on 17 December 2008 taking into account amendments up to Act No. 144 of 2008 The text of any

More information