donderdag 7 november 2013

'Lawyers' Directive 2013/48/EU

Murder my Sweet met Mazurki & Trevor, & Dick Powell

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty [COM(2011)326; COD(2011)154; Date of transposition 27 november 2016]

Legal basis = in particular Article 82(2)(b)TFEU
To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, the European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules. Such rules shall take into account the differences between the legal traditions and systems of the Member States.
They shall concern:
(...)
(b) the rights of individuals in criminal procedure;
(...)
Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from maintaining or introducing a higher level of protection for individuals.

History
[Cion] Monitoring the decision-making process between institutions
[Council] Public Register of Council Documents
[EP] The Legislative Observatory
[NP] Legislative Database

Transposition

Case law
EU Court of Justice
NL Rechtspraak.nl
DE Bundesverwaltungsgericht

More Information
EU 
Justice | Criminal Justice | Rights of suspect and accused
EURLEX

DIY
Academia.edu
IngentaConnect
NARCIS
SSRN

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