ToEfDeCo · Towards Guaranteeing the Right to Effective Assistance of Defence Counsel in Member States in Trans-border Criminal Cases
Horizon 2020 — Marie Skłodowska-Curie Actions
- Duration
- 2016-01-01 → 2017-12-31
- EU contribution
- €177,599
- Participants
- 1
- Scheme
- MSCA-IF-EF-CAR
Lines connect the coordinator with its partners.
Results in brief
Towards Guaranteeing the Right to Effective Assistance of Defence Counsel in Member States in Trans-border Criminal Cases
This project determined how the MSs of the EU are progressing in implementing the Directive 2013/48/EU in the area of the right to counsel with a specific focus on obligation to provide remedies stipulated in Article 12 of the Directive. The research gains particular importance given the imminent transposition date of 27 November 2016. As the Directive not only guarantees right to counsel, but its Article 12 requires that in case of breach of the right the MSs have to ensure effective remedies, the specific goal of the project was to propose remedies for criminal cases that could be common to all MSs, which has a potential to improve the rights of suspects and accused in every MS. The first part of the research was empirical; representatives of Ministries of Justices of all MSs were interviewed about how the MSs have implemented or are planning to implement the Directive, including any difficulties they are encountering. The representatives were specifically asked about the remedies provided currently or prospectively. Answers were then distributed among local defence counsels for checking and commenting. If needed local scholars were included as reviewers. The second part was normative; information received from MSs was compared to legislation of the EU, the case law of the ECtHR, the ECJ, international tribunals, the ICC and the Supreme Court of the US as well as the theoretical materials. As a result, common remedies for the violation of the right to counsel in the EU were proposed in the final report. The main deliverables determined in the proposal of the project were: (at least) two articles to the highly-ranked peer-reviewed law journals and two presentations at international conferences. As a final result of the project an open-access report with answers to the set research questions were proposed to be composed.
Data: CORDIS, © European Union
Project objective
The right to effective assistance of defence counsel (READC) is one of the fundamental features of fair trial. In the context of open borders and increasing number of trans-border criminal cases it is important that all EU Member States (MS) guarantee the READC to suspects and requested persons in European arrest warrant cases at least on a minimum level. The Strasbourg system is no designed to achieve this goal, so the EU has taken the initiative via the Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings etc. (22 Oct 2013). Considering the imminent transposition date of 27 Nov 2016, this project aims at determining how the MS are progressing in implementing the Directive. As the Directive not only guarantees the READC, but also requires that in case of breach of the READC, the MS have to ensure effective remedies, the final goal of the project is to propose remedies for trans-border cases that could be common to all MS. The research activities will be performed in the international environment of the Maastricht University, a centre of expertise on research on the READC in Europe, and will consist of two parts. The first part of the research will be empirical; competent representatives of all MS will be interviewed about how the MS have implemented or are planning to implement the Directive, including any difficulties they are encountering. In addition, the representatives will be queried about the remedies provided currently or prospectively. The second part of the research will be normative; information received from MS will be compared to legislation of the EU, the jurisprudence of the European Court of Human Rights, the European Court of Justice, international tribunals, the International Criminal Court, and the Supreme Court of the US as well as the theoretical approach to the READC in the US. As a result common remedies for the violation of the READC in the EU with a special focus on trans-border criminal cases will be proposed.
Original text from CORDIS.
Participants
- UNIVERSITEIT MAASTRICHT · MaastrichtCoordinatorNetherlands
Links
- View on CORDIS
- DOI: 10.3030/654261
- https://www.etis.ee/Portal/Persons/Display/479be098-9949-4a1b-8b22-b50025a50699
Data: CORDIS, © European Union