Please click here for the ECBA comments and recommendations following the proposed instruments on legal aid (part of the five proposals in the field of procedural safeguards) published by the European Commission in November 2013.
ECBA reply on the proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings, 6 May 2014
Please click here for our response to the European Commission’s proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings, which is the result of intensive and careful consideration of the European Criminal Bar Association (ECBA) working group on Measure E, composed of 14 practitioners in criminal law from 10 countries all over Europe. It was sent on 6 May 2014 to Mrs Reding, Vice-president and Commissioner responsible for Justice, Fundamental Rights and Citizenship and to Oliver Tell, Director Unit B.1, Directorate General Justice. Read more...
Report on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA in the field of Detention
Istanbul, 8 January 2014
The trial of the President and the Council of the Istanbul Bar Association was resumed on 7 January 2014 in the Silivri courthouse. In reality this was not a resumption because the first hearing on 17 May 2013 had been abandoned before it started owing to lack of space in the courtroom. It was re-scheduled for 12 October 2013 and then postponed once again to 7 January 2014. These adjournments were not requested by the defence. The hearing on 7 January 2014 ended in a further adjournment which was vigorously opposed by the defence. Read more....
Procedural Safeguards, November 2013
The European Commission has presented a package of proposals to further strengthen procedural safeguards for citizens in criminal proceedings.
1. A Directive to strengthen the presumption of innocence and the right to be present at trial in criminal proceedings
2. A Directive on special safeguards for children suspected or accused of a crime
3. A Directive on the right to provisional legal aid for citizens suspected or accused of a crime and for those subject to a European Arrest Warrant
These legislative proposals are complemented by two Commission Recommendations to Member States:
1. A Recommendation on procedural safeguards for vulnerable people suspected or accused in criminal proceedings
2. A Recommendation on the right to legal aid for suspects or accused persons in criminal proceedings
You will find the Commission press release is at http://europa.eu/rapid/press-release_IP-13-1157_en.htm
Joint letter on Pre-trial detention to Vice-President Reding of the European Commission
As the European Commission, Council and Parliament have recognised, ‘excessively long periods of pre-trial detention are detrimental to the individual, can prejudice cooperation between the Member States, and do not represent the values for which the European Union stands’. This letter is to follow-up on the European Union’s work to tackle this problem and to urge the Commission to continue its work in this area beyond the current legislative programme, including developing a timeframe for tabling a legislative proposal setting common minimum standards for the use of pre-trial detention in the EU. Please click here for the letter.
This letter has been signed by Amnesty International; Association Européenne pour la Défense des Droits de l'Homme; APADOR Association for the Prevention of Torture; Czech Helsinki Committee; Defence for Children International; European Criminal Bar Association; Federation Internationale de L’ACAT; Fair Trials International; Harm Reduction International; Human Rights Monitoring Institute; Lithuania Hungarian Helsinki Committee; International Centre for Prison Studies; Irish Penal Reform Trust; JUSTICE; Law Society of England and Wales; League of Human Rights; Czech Republic; Liga voor Mensenrechten; Observatoire International de Justice Juvenile; Open Society Justice Initiative; Quaker Council on European Affairs; Prisoners Abroad.
9 September 2013
Communication of the EC on EPPO, November 2013
Please click here to find a Communication of the European Commission analysing and responding to reasoned opinions issued by national Parliaments regarding the compliance of the proposal to establish a European Public Prosecutor‘s Office with the principle of subsidiarity. The Commission confirms that its proposal complies with the principle of subsidiarity as enshrined in the EU Treaties and decides to maintain its proposal explaining the reasoning behind this decision.
ECBA Press Release on EPPO Proposal
The ECBA has published a Press Release (click here to access) following the European Commissions' Proposal for Council Regulation on the Establishment of “EPPO” of 17 July 2013.
For the communication (COM(2013) 532 final) from the European Commission click here and for the proposal on the Council Regulation (COM(2013) 534 final) here. You will also find information on the EC website by following the link http://ec.europa.eu/justice/newsroom/criminal/news/130717_en.htm
On this issue the ECBA had published the 'ECBA Cornerstones on a European Public Prosecutor’s Office (“EPPO”) – Art. 86 TFEU' in February 2013. See also below.
ECBA Resolution on the Protection of Lawyers in the Exercise of their Professional Duties
Please click here for the ECBA resolution on the Protection of Lawyers in the Exercise of their Professional Duties which expresses our concerns for past and upcoming criminal proceedings and coercive measures against defence lawyers in Turkey. We are in particular seriously concerned about the trial against the President and the Board Members of the Istanbul Bar Association, starting on 17 May 2013. Such is our concern in this regard that we will be present in court during this trial as European observers in terms of the rule of law and the UN Basic Principles on the Role of Lawyers. This resolution was sent to the President and the Minister of Justice of Turkey and to the President of the Istanbul Bar Association on the 13th of May 2013.
Click here for the reply of President Barroso, European Commission.
Latest Progress Report on Measure C
Please click here for the text.
Another landmark of the procedural rights agenda has been met: European Parliament adopts Commission proposal on access to a lawyer - Memo from the EC - 10 September 2013
Please click here for the memo
ECBA press release – LIBE vote on Directive on access to a lawyer - 19 June 2013
Please click here to read the press release
Click below for all papers, articles, information and statements on Measure C:
ECBA Cornerstones on a European Public Prosecutor’s Office (“EPPO”) – Art. 86 TFEU
Please click here to access this document which has been sent to the European Commission, to the Members of the European Parliament, to the national ministries of justice, to the representatives of Member States in Brussels, to the EU Council of Member States, the Council of Europe, the European Court of Human Rights, to CCBE and national bars and law societies, to several NGO’s and other linked organizations and to our membership, defence practitioners in over 35 Council of Europe Member States (February 2013).
We are honoured that the Committee on Civil Liberties, Justice and Home Affairs and Committee on Legal Affairs has invited the ECBA Chair, Holger Matt to speak at the Interparliamentary Committee Meeting, 'The Stockholm Programme: State of play regarding police and judicial cooperation in civil and criminal matters' on Thursday, 20 June 2013. Click here for the draft programme.
A conference organized by the Lithuanian Presidency in cooperation with the European Commission and ERA, with the title 'European Public Prosecutor’s Office: Constructive Approach towards the Legal Framework', will be held in Vilnius on 16 and 17 September 2013. The ECBA Chair, Holger Matt has been invited to speak. Please click here for the draft programme.
Money Laundering Report
The ECBA has launched a new online reference tool on money laundering legislation in relation to the legal profession.
This information can be viewed on this website, please click here.
The ECBA is delighted to work in partnership with organisations who share our aims and objectives.
For more information about our collective members click here.
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