The ECBA Autumn Conference “The role of the defence and the transformation of the European judicial area” took place in St. Julian's, on the 14 and 15 October 2022, at the Malta Marriott Hotel&Spa.
Programme and general information.
CONFERENCE REPORT
Introduction
The ECBA Autumn 2022 conference in Malta started when Vincent Asselineau, Chair of the ECBA, addressed the guests at the Friday reception, together with Stephen Tonna Lowell, Vice Chair of Chamber of Advocates of Malta, Amedeo Barletta, Vice Chair of the ECBA, and Jaime Campaner, ECBA Advisory Board member. Amongst warm welcoming words, guests were surprised to know that the membership in the Maltese bar is not mandatory for all advocates practicing in Malta, and Vincent promised to pray for all the delegates of the conference, since his flight back from Malta was to Lourdes.
The conference on Saturday began by opening speech of Vincent Asselineau, Chair of the ECBA, who greeted the prominent guests and existing members of the ECBA, and warmly welcomed the numerous new members of our association.
HR Award 2022
Afterwards Alexis Anagnostakis, ECBA Human Rights Committee Officer, presented the ECBA Human Rights Award, which is named after our late friend and passionate human rights activist Scott Crosby, and which is awarded once a year to distinguished lawyers who have demonstrated outstanding commitment and sacrifice to uphold fundamental values. This year the Human Rights Award went to the Ukrainian National Bar Association (UNBA), represented at the Autumn Conference by Dr. Valentyn Gvozdiy, Vice President of the UNBA, honouring the efforts of Ukrainian lawyers, heroes of the legal profession, for their determination and sacrifice in times of war, to uphold fundamental values and the rule of law in their country during the current impermissible military aggression against Ukraine. The thank you speech of Dr. Valentyn Gvozdiy received standing ovations of the delegates.
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CONFERENCE CONTRIBUTIONS (PDF)
The Maltese Criminal Jurisdiction and money laundering crimes
Chair: Hans van de Wal, ECBA Secretary, Belgium
O Consuelo Scerri Herrera, Judge of the Superior Courts of Malta, Criminal Jurisdiction
O Francesco Refalo, Office of the Attorney General, Malta
O Michael Sciriha, Defence lawyer, Malta
Special address by Dr. Jonathan Attard, Minister of Justice of Malta (pending English translation) and Vincent Asselineau, Chair of the ECBA
The new binding instrument on the protection of lawyers devised by the Council of Europe (CJ-AV)
Chair: Vincent Asselineau, Chair of the ECBA
O Jeroen Soeteman, Defence lawyer, The Netherlands
O Nicola Canestrini, Defence lawyer, Italy
ECBA Statement on Mutual Recognition of Extradition Decisions
Chair: Rebecca Niblock, Vice Chair ECBA, United Kingdom
O Vania Costa Ramos, Vice Chair ECBA, Portugal
O William Julié. Defence lawyer, France
O Jago Russell, Defence lawyer, United Kingdom
The protection of EU Financial Interests of the EU and the role of EPPO
Chair: Amedeo Barletta, Vice Chair ECBA, Italy
O Yvonne Farrugia, European Prosecutor, Malta
O Discussant: Olivia Ewenike, Defence lawyer, Germany
O Discussant: Mihai Morar, Defence lawyer, Romania
Judicial Cooperation and Procedural Safeguards: The way ahead
Chair: Miroslav Krutina, Vice Chair ECBA, Czechia
O Ondrej Laciak, Defence lawyer, Slovakia
O Holger Matt, Defence lawyer, Germany
O Peter McNamee, Head of Public Affairs and Senior Legal Advisor, CCBE
The State of Play of the EU-UK Judicial Cooperation
Chair: Jaime Campaner, ECBA Advisory Board member, Spain
O Stefan Hyman, Defence lawyer, United Kingdom
O Anna Oemichen, Defence lawyer, Germany
Panel 2
CJ-AV - Terms of Reference
Report on agression towards lawyers - The Netherlands
Panel 3
ECBA Statement on mutual recognition of extradition decisions - June 2022
Photo gallery
ECBA Spring Conference 22 and 23 April, 2022
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General information
CONFERENCE REPORT
Introduction
Immediately following warm words of welcome from our president Vincent Asselineau, Valentyn Gvodziy, vice president of the Ukrainian National Bar Association, explained how lawyers and a legal system survive in a country affected by war and the imposition of martial law. He described a situation where the courts cannot operate in 10 of 27 regions, and where many courts have themselves been destroyed. In a short space of time, many new laws and procedures have been amended or introduced. Laws of evidence and criminal procedure (in particular those concerning pre-trial detention) have been relaxed, to the detriment of suspects. Criminal trial by video can be imposed by a judge, rather than requiring the defendant to agree. Conflict-specific offences have been introduced, including the crime of collaboration, with legal persons susceptible to liquidation if found guilty. To take into account the practicalities of the ongoing armed conflict, laws concerning the use of weapons have been changed.
In thanking Valentyn for his contribution, Vincent made it clear that the ECBA stands ready to support the Ukrainian people and its lawyers in any way it can.
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CONFERENCE CONTRIBUTIONS (PDF)
Intro
Rule of Law in Ukraine during the martial law. Overview of Criminal Procedure
Valentyn Gvodziy, Vice President of the Ukrainian National Bar Association, Ukraine
Keynote Speeches
Chair: Miroslav Krutina, Defence lawyer, Czechia
o Aigars Strupišs, Chief Justice of the Supreme Court of Latvia
o Juris Jansons, Ombudsman of Latvia
o Aldis Laviņš, Chairman of the Constitutional Court of Latvia
o Jānis Rozenbergs, President of the Latvian Council Sworn Advocates
Panel 1 - Confiscation and seizure of assets in criminal proceedings
Chair: Arturas Gutauskas, Defence lawyer, Lithuania
o Kristina Grunte, Prosecutor of the Anti-Money Laundering Coordination Unit
General Prosecutor's Office, Latvia
o Violeta Zeppa Priedite, Defence lawyer, Latvia
o Carla Reyes, Defence lawyer, Switzerland
Human Rights and lawyers in the Russian Federation
Sergey Golubok, Defence lawyer, Russian Federation (temporarily in EU)
ECBA Activities and Working Groups
Chair: Neil Swift, Defence lawyer, UK
o Human Rights Committee: Alexis Anagnostakis, Defence lawyer, Greece
o Anti-corruption in Europe (ACE) - Amedeo Barletta, Defence lawyer, Italy
o EPPO Working Group: Rosa van Zijl, Defence lawyer, The Netherlands
o European Arrest Warrant: Elise Martin-Vignerte, Defence lawyer, Ireland
o Extradition Forum: Hans van de Wal, Defence lawyer, Belgium
o Roadmap 2020/ Procedural Safeguards: Miroslav Krutina, Defence lawyer, Czechia
o Ukraine Justice Alliance (guest speaker): Ben Brandon, Defence lawyer, UK
Panel 2 - EPPO activity
Chair: Vincent Asselineau, Defence lawyer, France
o Frédéric Baab, European Prosecutor, France
o Cécile Soriano, Delegated European Prosecutor, France
o Giulia Guagliardi, Defence lawyer, Italy
President of the European Young Bar Association
o Rosa van Zijl, Defence lawyer, The Netherlands
Panel 3 - Attorney - Client privilege
Chair: James MacGuill, Defence lawyer, Ireland
President of the CCBE
o Dian Brouwer, Defence lawyer, The Netherlands
o Jaime Campaner, Defence lawyer, Spain
o Rebecca Niblock, Defence lawyer, UK
o Jaanus Tehver, Defence lawyer, Estonia
Background documents
Preliminary ruling under Article 267 TFEU from the Supreme Court (Ireland)
PHOTO IMPRESSION
ECBA Autumn Conference 1 and 2 October, 2021
Programme
General information
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CONFERENCE REPORT
There was a look of joy on our President’s face as he welcomed a record number of delegates to the ECBA conference, which took place in Berlin over 1st and 2nd October 2021.
The conference began with the first edition of the Scott Crosby Human Rights Award, named after a much loved and respected colleague and friend. Alexis Anagnostakis introduced the recipients of the award: Mikołaj Pietrzak, one of our Polish colleagues, and Judge Igor Tuleya, a Polish judge.
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CONFERENCE CONTRIBUTIONS (PDF)
Welcome speech on 1 October by Stephanie Schott, German Federal Bar (Bundesrechtsanwaltskammer - BRAK)
Scott Crosby Human Rights Award - A pledge to continue his work in human rights and his passion for justice!
Alexis Anagnostakis, ECBA HR Officer award presentation
Judge Igor Tuleya
Nicola Canestrini: video-testimonial (see video below) on the Afghan lawyers situation, credit “Unione camere penali italiane UCPI Osservatorio avvocati Minacciati”
Keynote speeches
Chair Oliver Kipper, Germany
Challenging EPPO Procedural Acts
Chair Amedeo Barletta, Italy
EPPO in Operation - topical issues
Panel 1: Exercise of Jurisdiction by the EPPO
Chair Stephanie Schott, Germany
Panel 2: Access to Case Files in EPPO Cases
Chair Stephanie Schott, Germany
ECBA Activities and Working Groups
Chair: Assoc. Prof. Dr. Ondrej Laciak, Slovakia
Background documents:
Council Regulation (EU) 2017/1939 of 12 October 2017
Directive on the fight against fraud to the Union's financial interests by means of criminal law
2021.029_Operational_guidelines_on_investigation_evocation_policy_and_referral_of_cases.pdf
PHOTO IMPRESSION
(Photos by This email address is being protected from spambots. You need JavaScript enabled to view it. © 2021)
ECBA Autumn Conference 11 and 12 September 2020
THE EUROPEAN PUBLIC PROSECUTOR AND THE ROLE OF THE DEFENCE
CONFERENCE REPORT
The effects of the Covid 19 crisis can be felt in all areas of life. In the sector of legally oriented conferences, these have thinned out considerably in view of the pandemic. Despite this fact and in order to set an example, the ECBA decided to have the autumn conference in Rome after the spring conference was cancelled. And so the conference began on the evening of September 11th, 2020 in the historic ambience of Chiostro del Bramante with a reception, where Vincent Asselineau (Chair of the ECBA), Giandomenico Caiazza (Italian Defense Attorneys Association) and Antonino Galletti (President of the Roman Bar Association) made welcoming speeches.
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CONFERENCE CONTRIBUTIONS (PDF)
Welcome speech by Raffaele Piccirillo, Head of Cabinet of the Ministry of Justice (English version)
Tribute to Scott Crosby - A pledge to continue his work in human rights and his passion for justice!
Alexis Anagnostakis
Nicola Canestrini
Alex Tinsley
Panel on EPPO at the starting point and the role of the defence
Chair Vincent Asselineau
Use of video-links in criminal cases and the ECBA Statement
Chair Amedeo Barletta
Brexit and the Impact on Judicial Cooperation
Alex Tinsley, United Kingdom
Working Groups
1 – Ne bis in idem and Judicial Cooperation in Criminal matters
Moderators
• Marina Silvia Mori, Italy
• Alex Tinsley, United Kingdom (Specialty)
• Andrea Venegoni, Italy
2 – Criminal Justice and the Covid-19 Pandemic
Moderators
• Jaime Campaner, ECBA
• Walter De Agostino, Italy
• Enrico Di Fiorino, Italy
3 – The role of the ECBA in a Network of Defence Lawyer Organisations in Europe
Moderators
• Roland Kier, ECBA
• Heiko Ahlbrecht, ECBA and member of the Criminal Law Committee of the German Bar Association (TBC)
• Federico Cappelletti, UCPI
PHOTO IMPRESSION
ECBA Autumn Conference
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CONFERENCE CONTRIBUTIONS (PDF)
Justice Lord Kerr of Tonaghmore of the UK Supreme Court
Northern Ireland, Human Rights and Brexit
Chair: John Larkin QC, Attorney General for Northern Ireland
• - Protecting human rights and equality after Brexit - the implications for Northern Ireland, Les Allamby, Chief Commissioner for Human Rights, Northern Ireland .
• A view from south of the border, Derek Kenneally SC and ames MacGuill, Ireland
• Suzanne Rice, President of the Law Society of Northern Ireland
Legal implications of Brexit for instruments of mutual recognition – EAW/EIO etc
Chair: Oliver Kipper
• Brexit: The Impact of a ‘No Deal’ on Cross Border Crime in Ireland, Michael Duffy, Barrister, The Bar of Northern Ireland
• Edward Grange, United Kingdom
• Caroline Morgan, European Commission London Office
• Two paradoxes of the legal implications of Brexit, Rosa van Zijl, Netherlands
Practical Implications of Brexit for EU lawyers
Chair: Vincent Asselineau
• Victoire Chatelin, France
• Robin Lööf, United Kingdom
• Helena Raulus, the UK Law Society Brussels Office
Defending political crimes
Chair: Rebecca Niblock
• Tamara Buruma, Netherlands
• Angela Díaz-Bastien, Spain
• Alex Michalevic, Belarus
• Sören Schomburg, Germany
About us
Chair: Roland Kier
• Vulnerable Accused Person Project, The Law Society of Scotland Criminal law Committee, Gillian Mawdsley
• The continuing struggle for judicial independence and the rule of law in Poland, Mikolaj Pietrzak
• EPPO, Vincent Asselineau
• EAW Handbook, Alex Tinsley
• Report on the most important recent ECBA Human Rights Committee's acitivities, Alexis Anagnostakis
• ECBA Spring Conference, Amedeo Barletta
PHOTO IMPRESSION
ECBA Spring Conference 10 and 11 May 2019
IS EFFECTIVE ACCESS TO LEGAL COUNSEL UNDER ATTACK?
Recent developments in the lawyer-client privilege / Challenges for the defence in the Refugee Crisis
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CONFERENCE REPORT
The reception was held at the Benaki Museum with welcome speeches by Vincent Asselineau, Chair of the ECBA and Ilias Anagnostopoulos, Chair of the Hellenic Criminal Bar Association. On Saturday, the conference opened with welcoming speeches by Vincent Asselineau, Chair of the ECBA, who welcomed the participants and announced the conference agenda. Read more...
CONFERENCE CONTRIBUTIONS (PDF)
Recent developments in the lawyer-client privilege (including the judgments of the UK Appeal Court [ENRC case] and those of the German Constitutional Court [Volkswagen/Jones Day])
Chair: Ilias Anagnostopoulos
• Presentation by Jaime Campaner, Spain
• Hayley Ichilcik, United Kingdom
• Oliver Kipper, Germany
• George Pyromallis, Greece
• Contribution by Dominika Stepinska-Duch, Poland
• Jaanus Tehver, Estonia
CJEU litigation project regarding how to formulate a request in a criminal case to the Court of Justice of the European Union by way of a preliminary reference
Presentation by Laure Baudrihaye-Gérard, Fair Trials International
Saving Lives in the Mediterranean Sea
Presentation by Fabienne Lassalle, General Director of SOS Mediterranee, organisation managing the boat Aquarius saving refugees in the Mediterranean Sea.
Challenges for the defence in the Refugee Crisis; The interplay of asylum and extradition proceedings (including the “Greek” experience); Right to a lawyer before arrest; Defence risks; Can a defence lawyer be considered a client’s accomplice?
Chair: Alexis Anagnostakis
• Presentation by Nicola Canestrini, Criminal Defence Lawyer, Italy
• Contribution by Kirsty Brimelow QC, Head of International Human Rights Team Doughty Street Chambers, Former Chair of the Bar Human Rights Committee of England and Wales (2012-2018)
• Contribution by Vassilis Kerasiotis, Attorney at law in supreme courts, Director of HIAS Greece (Lawyers defending Refugees in the island of Lesvos)
• Panagiotis Perakis, Member of the Board of Athens Bar Association, Chairman of the CCBE Access to Justice Committee, Member of the CCBE Migration Committee
About us
Chair: Vladimir Hrle
• ACE, Vladimir Hrle
• E-evidence, Stephanie Schott
• CCBE, Ondrej Laciak
• Brexit, Vincent Asselineau
• Belfast conference, James MacGuill
PHOTO IMPRESSION
ECBA Autumn Conference, Nice, France, 5 and 6 October 2018.
Terrorism, Extradition and the European Arrest Warrant
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PHOTO IMPRESSION
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CONFERENCE REPORT
The conference started with a reception at Villa Masséna with welcome speeches by Martine Videau-Gilli, Vice President of the Bar Association of Nice and Philippe Pradal,1st Deputy Mayor of the City of Nice and President de commission of the Metropole Nice Cote d´Azur. On Saturday the first panel concentrated on the fight against terrorism and the protection of fundamental rights within this fight. Read more...
CONFERENCE CONTRIBUTIONS (PDF)
Terrorism
The European instruments of the fight against terrorism - State of emergency - Fundamental Rights
Chair: Alexis Anagnostakis - Panel Discussion
Frederic Baab, Eurojust
Johan Eriksson, Sweden
Presentation by Nancy Hollander, USA
Nicolas Klausser, Phd Student, France
Jorgen Van Laer, Belgium
Extradition
Problems of the Defence - Detention - UK’s situation after Brexit, ..
Chair: Hans van de Wal - Panel discussion
Extradition in Serbia, Vladimir Hrle
Extradition in Czech Republic, Miroslav Krutina
Extradition in the United Kingdom, Rebecca Niblock
Extradition in Germany, Martin Rademacher
Extradition Procedure Review, Vladimir Hrle
European Arrest Warrant
Court of Justice Case law – Rights of Defence – List of crimes – Defence strategy
Chair: Vânia Costa Ramos - Panel discussion (bullet points to follow)
Procedural aspects of EAW cases in Portugal, Vânia Costa Ramos
Procedural aspects of EAW cases in Belgium, Emmanuelle Debouverie
Procedural aspects of EAW cases in the United Kingdom, Ben Keith
Procedural aspects of EAW cases in France, Jean-François Pedinielli
Procedural aspects of EAW cases in Poland, Maria Radziejowska
Emergency Issues
Chair: Neil Swift
Report on the situation in Poland, Dominika Stępińska-Duch, Poland
Report on the situation in Turkey, Alexis Anagnostakis, Greece
Report on the arrest of a lawyer in Moldova, Thomas Garner, United Kingdom
The ECBA would like to thank the Barreau de Nice for its hospitality in hosting the ECBA Committee in their premises and for all its assistance in organising this conference.
The ECBA would also like to thank de Ville de Nice for hosting the Friday reception at the Villa Masséna.
ECBA Spring Conference, 20 and 21 April 2018, Oslo, Norway
Pre-Trial-Detention and Compensation – Current Issues and Minimum Standards
Programme
General information
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PHOTO IMPRESSION
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CONFERENCE REPORT
Oslo presented itself with very nice spring weather and much activity in the city centre. The venue where the conference was held, “Gamle festsal”, is the old auditorium in the University in Oslo. Friday evening, the conference was opened according to tradition with a reception in “Gamle logen”.
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CONFERENCE CONTRIBUTIONS (PDF)
Pre-trial detention - Issues and the Need of Minimum Standards throughout Europe
ECBA – update on the activities of the association
Panel on Compensation – Issues and the Need of Minimum Standards throughout Europe
Recent developments in National Jurisdictions with the topic: Plea Bargaining – Legal Concepts and Practices
Introduction by Jago Russell, Fair Trials, United Kingdom
The ECBA would like to thank the Norwegian Bar Association Criminal Bar Committee (Advokatforeningen) for its hospitality in hosting the ECBA Committee and the ECBA HR Meeting in their premises and for all its assistance in organising this conference.
Investigation and Prosecution – Current Challenges in Europe
Future Challenges in the EU: Minimum Standards for Trials
ECBA 20th Anniversary
Programme
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PHOTO IMPRESSION
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CONFERENCE REPORT
Both in terms of the architectural backdrop and of the weather, Palma de Mallorca was a perfect venue for the ECBA’s fall conference of 2017. The conference opened with a reception on Friday in the beautiful courtyard of the Casa Balaguer made available to us by the City Council of Palma. Jaime Campaner Muñoz who helped organising the conference welcomed the delegates to Palma and Aligi Molina from the City Council added to this. Both made the delegates feel very welcome.
CONFERENCE CONTRIBUTIONS (PDF)
Investigation and Prosecution – Current Challenges in Europe
ECBA – update on the activities of the association
The ECBA would like to thank the Ilustre Colegio de Abogados de las Islas Baleares (Balearic Islands Bar Association) for its assistance in organising this conference and its hospitality in hosting the ECBA in their premises.
Prague, Czech Republic, 21 and 22 April 2017
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PHOTO AND VIDEO IMPRESSION
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CONFERENCE REPORT
The Spring conference started on friday evening in the Ceremonial Hall of the Czech Technical University in Prague – Bethlehem Chapel with short welcome words by Martin Vychopen, President of the Czech Bar Association and Holger Matt, chairman of the ECBA and was followed by a piano concert as well as a reception.
CONFERENCE CONTRIBUTIONS (PDF)
Right to Confidentiality and Legal Privileges
Protection of Clients´ Information in the Age of IT
ECBA - update on the activities of the association
CCBE Contribution – Regulation on EPPO
Recent developments in National Jurisdictions
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