Search results for “germany EAW”

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Article
Inaudito reo Proceedings, Defence Rights, and Harmonisation Goals in the EU
I. An Unprecedented Problem in EU Law: Inaudito reo Criminal Proceedings The right to personal participation in criminal proceedings and the problem of in absentia procedures have lain at the core of the EU legislative agenda over the last several years. Before the entry into force of the Lisbon Treaty, Framework Decision 2009/299/JHA amended, inter alia, the EAW Framework Decision, tightening the conditions under which defendants can be surrendered to other Member States in proceedings instituted in the accused’s absence.1 Although this legislative intervention also contributed to the process of indirect harmonisation of criminal procedure law, initiated under the former…
Published 7 years ago
Article
The Directive on the Right to Legal Aid in Criminal and EAW Proceedings

The article traces how Directive (EU) 2016/1919 on legal aid—adopted 26 Oct 2016—completed the 2009 Procedural Rights Roadmap. It recounts why “measure C” (access to a lawyer + legal aid) was split, the Commission’s 2013 proposal (initially focused on provisional legal aid), and the political …

Published 7 years, 6 months ago