SUPRALAT - Strengthening suspect's right in pre-trial proceedings through practice-oriented training for lawyers.
The ECBA is an Associate Partner in the SUPRALAT project.
The SUPRALAT-project specifically aims to:
Develop a practice-oriented training programme for lawyers, that focuses on proceedings in the police detention stage, and pilot it in four EU Member States. The selected Member States are Belgium, Hungary, Ireland and the Netherlands.
Advocate for practice-oriented training on facilitating suspects’ rights in pre-trial proceedings to become part of professional training curricula for criminal lawyers in EU Member States.
Contribute to the exchange of best practices on facilitating the rights envisaged in the Directives among lawyers across the EU.
As a result of SUPRALAT-project, to which the ECBA is partner, we will organise a workshop in which we will test/simulate a part of the innovative training program, intended to equip lawyers with the necessary skills to effectuate the rights of suspects at the early stages of the criminal proceedings in practice.
The project contributes to the implementation of newly-adopted EU Directives on suspects’ procedural rights – and especially the Directive on the right of access to a lawyer – in EU Member States.
To learn more about the project, please visit the website: www.salduzlawyer.eu
Workshop at the ECBA Spring Conference, Prague, Czech Republic, Friday 21 April 2017, 4pm - 5.30pm
SUPRALAT workshop on assisting suspects at police interview.
On 27 November 2016, the EU Directive on Access to a Lawyer entered into force. The Directive, as well as the relevant ECtHR case law, provide for an active role of a lawyer at police interview (interrogation) of a suspect. There is, however, little clarity as to what this active role entails. There is also little guidance available to lawyers on how to exercise their new role in practice. This workshop will simulate parts of a training program developed by SUPRALAT project, which aims to prepare European lawyers to this new and challenging role. It will be highly participatory: e.g. it will include interactive e-learning exercises, role-plays, and discussions based on video fragments.
Your participation in the workshop will:
a) Enhance your knowledge of the relevant European law, police interview techniques and tactics, and ways to address them;
b) Help us test the applicability of training developed by the SUPRALAT project across the EU.
This workshop is intended for criminal defence lawyers with some experience of police station legal advice, and/or interest in this topic, as well as for those who are involved in, or interested to be involved, in training legal practitioners in their countries. There is a maximum of 12 places available
. If there are more than 12 subscriptions, we will conduct a selection. You may subscribe to the workshop by mailing the ECBA secretariat at firstname.lastname@example.org
. Note that you will be asked to write a short paragraph about why you would like to participate.
The workshop will be conducted by Taru Spronken, former criminal defence lawyer and now Advocate-General at the Dutch Supreme Court and Professor at Maastricht University, and Anna Pivaty, researcher at Maastricht University.
Participation in the workshop is free of charge.
Joint statement on the possible reinstatement of the death penalty in Turkey
The statement was sent on Tuesday 11 October 2016 to President Erdoğan and relevant authorities in Turkey as well as key players at EU level (Commission, Council, Parliament, Council of Europe, European External Action Service, EU Fundamental Rights Agency).
Human Rights page
Please click here for the reply from Prof. Dr. Metin Feyzioğlu, Esq., President of the Union of Turkish Bar Associations (UTBA) to the ECBA and here for the statement issued by the UTBA and the local bar associations.
Joint Meeting with the ECBA, CCBE and the EU Commissioner on EPPO
On 20 September 2016, representatives from the ECBA, together with representatives from the CCBE, had an excellent exchange of views with EU Commissioner Věra Jourová, Commissioner for Justice, Consumers and Gender Equality. The purpose of the meeting was to discuss certain aspects of the proposal for a European Public Prosecutors Office (EPPO).
The CCBE and ECBA communicated their concerns ranging from provisions concerning judicial review to the choice of forum and the need for proper defence rights. The ECBA was pleased to receive the invitation as it was a key time to have an exchange of views, as there is increased momentum to complete the EPPO discussions before the end of 2016 or early 2017.
ECBA Handbook on the EAW for Defence Lawyers
The ECBA is very pleased to announce that a ECBA Handbook on the EAW has been published on the following website: http://handbook.ecba-eaw.org/
European Fraud and Compliance Lawyers (EFCL)
The ECBA is pleased to announce the launch of a new sub-association - the European Fraud and Compliance Lawyers (EFCL). It will focus on fraud and white collar crime and compliance and regulatory issues. The EFCL will have its own sub-board and working groups that will report to the ECBA board. The EFCL will host annual conferences focusing on relevant issues, usually in the summer. It is intended that the conferences will be held in London, Paris, Frankfurt and Milan on a rotating basis. Members of the ECBA will automatically be members of the sub-association. For more information go to www.efcl.eu
Its inaugural conference in conjunction with the UK Fraud Lawyers Association in London was hold on June 17, 2016.
Surveillance of lawyer-client communications/Surveillance des communications entre les avocats et le
Please find below the text of a press release issued today in English and French / Veuillez trouver ci-après le texte du communiqué de presse publié aujourd'hui en français et en anglais.
Brussels, 15 January 2015
MEPs raised concerns about interception of phone calls between lawyers and their clients by intelligence services across Europe in a plenary debate with the Presidency of the EU and the Commissioner for Justice on Tuesday evening.
The issue had been put on the agenda of the plenary session of the European Parliament following the recent admission by the Minister of the Interior of the Netherlands that the Dutch intelligence and security agency (AIVD) had been spying for years on Amsterdam-based law-firm Prakken d’Oliveira. According to data collected by the Council of Bars and Law Societies of Europe (CCBE), communications between lawyers and their clients have been monitored over the last few years by police or intelligence services in similar cases in France, the United Kingdom, Ireland, the Czech Republic and Latvia.
MEPs from across the political spectrum took turns in denouncing an unacceptable form of espionage that goes against the right to a fair trial, the rule of law and democracy.
In her response on behalf of the Council of Ministers, Latvian Secretary of State for European Affairs, Zanda Kalniņa-Lukaševica, refused to take a stand and only stated that collection and processing of personal data for the purpose of national security is not regulated currently by EU law, as the Lisbon Treaty explicitly gives this competence to the Member States.
“The extent and occurrence of this type of wiretapping shows that it is a widespread problem in need of a solution” says CCBE President Maria Ślązak. “National security cannot serve as an excuse to ignore the principle of lawyer-client confidentiality and deprive citizens of the right to legal counsel and to a fair trial. We hope that in time the European Court of Justice will be asked by a national court to define the meaning and extent of national security in this context, and whether it can ever provide a justification for the surveillance of the activities of lawyers.”
Justice Commissioner Vĕra Jourová expressed her ‘concern’ and vowed to follow closely developments on this issue as well as the implementation of the 2013 Directive on the right of access to a lawyer(1), which guarantees the confidentiality of communications between an accused person and their lawyer.
MEPs asked for action to be taken by the EU, through investigations, sanctions and the adoption of legislation. The CCBE supports their initiative, and calls for a minimum level of legal protection afforded to professional secrecy from government electronic surveillance, which could be included in the European Parliament project to establish ‘A European Digital Habeas Corpus - protecting fundamental rights in a digital age’.
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