Since its foundation in 1997 the ECBA (European Criminal Bar Association) has become the pre-eminent independent organisation of specialist defence lawyers in all Council of Europe countries.
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.
New ECBA Statement on Measure E
Click here for a new ECBA Statement which contains the ECBA’s main recommendations to the Commission on Measure E of the Stockholm programme for the appropriate rights and treatment of vulnerable Suspects. It was sent today 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 on 15 May 2015.
Latest Progress Report on Measure C
Joint briefing on the Directive on the right of access to a lawyer in criminal proceedings and the right to inform a third party upon deprivation of liberty
Click here for the joint NGO briefing of 15 April 2013 submitted to the EP (Rapporteur and shadows) and to the Council ahead of the trilogue on Wednesday, 17 April, by Amnesty International, European Criminal Bar Association (ECBA), Fair Trials International, Irish Council for Civil Liberties, JUSTICE and Open Society Justice Initiative. The situation is very serious because there is a concrete danger that the negotiations in the trilogue of EC, EP and Council emerge as a bad compromise weakening the fundamental rights of EU citizens in criminal proceedings.
After the discussions and the very critical General Approach of the Council in June 2012 the Proposal’s text was seriously eroded, setting its reach back to a level that lead the ECBA to consider that it would be preferable to have no Directive at all than having the text resulting from the discussions in the Council. The last hope to attain a satisfactory text is the European Parliament. Meeting its role as the voice of the European citizens, the EP adopted the LIBE report drafted by Oana Antonescu. This report was strongly endorsed by the ECBA since it strived to establish a high standard of protection of the citizens’ rights. We still back and support strongly the Parliamentarians in the current trilogue who are fighting for the fundamental rights of citizens in the EU who are legally guaranteed presumed to be innocent. The most crucial points are: no questionning without access to a lawyer; no exception in terms of absolute confidentiality of defence communication as a suspect’s right (to distinguish from legal privileges of lawyers); no exclusion of minor offences (whatever „minor“ means); „double“ defence in EAW cases in executing and issuing state; remedies.
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).
Proposal for a directive of the European Parliament and the Council on freezing and confiscation of proceeds in crime in the European Union.
Please click here for the statement of the European Criminal Bar Association on the proposal. Click here for the draft report on the proposal from the Committee on Civil Liberties, Justice and Home Affairs.
'Direct unsolicite approach' rule to be reviewed - Ireland
The ‘Regulation 13 Review Group’ has been established to review the rule banning the direct and unsolicited approach of non-clients by a solicitor in Ireland. The move followed a heated debate at the Irish Law Society’s AGM in November on the proposed motion that the regulation be “abolished, as it has ceased to have any practical effect and is impossible to enforce in practice”. On 25 of January the ECBA was invited to take part in a meeting. Read more in this article from the Gazette.
The ECBA would like to thank the Irish Law Society to have hosted the ECBA on 25 January in their building in Dublin for the ECBA Board Meeting and the meeting of the ECBA Legal Aid Working Group with two guests of the European Commission who are working on the file of Measure C part 2 (Legal Aid).
The European Supervison Order - A European Directive aimed at reducing the need for pre-trial detention
The European Supervision Order (ESO), establishes an important new tool to reduce the need for non-resident defendants in the EU to be held in pre-trial custody. The deadline for implementation of the ESO Framework Decision in to national law is 1 December 2012, however defence lawyers should be making themselves aware of this important new instrument now and ensuring the implementing legislation is used in their respective jurisdictions. Below is a brief overview of the ESO* . Fair Trials International have also published a Guide to the European Supervision Order which is available by clicking here.
EU Criminal Justice for Defence Counsel
EU criminal law for defence counsel 2nd series 2013-2014
This second EU-wide project will offer defence counsel training on EU criminal justice instruments and judicial cooperation. The project will also feed into the step-by-step approach agreed by the EU on the establishment of certain procedural safeguards by presenting this approach and explaining and discussing the first measures taken with defence lawyers throughout the EU. The project is co-finaced by the European Commission under its Criminal Justice Programme. The project will consist of five seminars conducted throughout the EU in the years 2013.
Click here for more information.
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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