TY - JOUR
T1 - How are the member states progressing on transposition of Directive 2013/48/EU on the right of access to a lawyer?
T2 - An inquiry conducted among the member states with the special focus on how Article 12 is transposed
AU - Soo, Anneli
N1 - Funding Information:
The author(s) disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: This article is written in the course of her Marie Sklodowska-Curie IEF project ‘Towards Guaranteeing the Right to Effective Assistance of Defence Counsel in Member States in Trans-border Criminal Cases’ (1 January 2016 to 31 December 2017).
Publisher Copyright:
© The Author(s) 2017.
PY - 2017/3/1
Y1 - 2017/3/1
N2 - The deadline for transposition of the Directive 2013/48/EU was 27 November 2016. The author of this article sent out a questionnaire to the ministries of justice of the member states, with the aim of determining how the transposition of the Directive is evolving. Of the 25 member states that are obliged to transpose the Directive, 22 answered the questionnaire. The questionnaire focused on two aspects. First, the member states were queried about the amendments they have made or are planning to make in their law on the right of access to a lawyer. Second, special attention was devoted to remedies the member states have incorporated or are planning to incorporate in their national law for violation of the right of access to a lawyer. Answers were received between June 2016 and 4 October 2016. This article provides both an overview and an analysis of these answers.
AB - The deadline for transposition of the Directive 2013/48/EU was 27 November 2016. The author of this article sent out a questionnaire to the ministries of justice of the member states, with the aim of determining how the transposition of the Directive is evolving. Of the 25 member states that are obliged to transpose the Directive, 22 answered the questionnaire. The questionnaire focused on two aspects. First, the member states were queried about the amendments they have made or are planning to make in their law on the right of access to a lawyer. Second, special attention was devoted to remedies the member states have incorporated or are planning to incorporate in their national law for violation of the right of access to a lawyer. Answers were received between June 2016 and 4 October 2016. This article provides both an overview and an analysis of these answers.
KW - criminal proceedings
KW - EU criminal law
KW - right of access to a lawyer
KW - right to an effective remedy
KW - transposition of the Directive 2013/48/EU
U2 - 10.1177/2032284417699294
DO - 10.1177/2032284417699294
M3 - Article
SN - 2032-2844
VL - 8
SP - 64
EP - 76
JO - New Journal of European Criminal Law
JF - New Journal of European Criminal Law
IS - 1
ER -