Luxembourg, 4 June 2010, 10585/10 – PRESSE 160
The EU Justice Ministers today welcomed the agreement reached last week in the Permanent Representatives Committee on the draft directive on the rights to interpretation and to translation in criminal proceedings. The text was negotiated in recent weeks between representatives of the Council, the European Parliament and the Commission.
The directive is based on an initiative taken by 13 Member States (Belgium, Germany, Estonia, Spain, France, Italy, Luxembourg, Hungary, Austria, Portugal, Romania, Finland and Sweden) further to an agreement that was unanimously reached by the Council in October 2009 in respect of a Commission proposal launched in July 2009. The text also takes account of a proposal that was submitted by the Commission in March of 2010.
Strafblad, Themanr 2 – 2010
Mr R. Malewicz and Mr W.R. Jonk state in the newest edition of “Strafblad” that the position of the by extradition request claimed person has been weakened by rulings of the Higher Court and some practical problems in the extradition procedure. A more active role of the public prosecutor could offer more protection for the claimed person.
See for more information: page 113-1118
Mr R.Malewicz en Mr W.R.Jonk “De overleveringsprocedure : voldoende rechtsbescherming voor de opgeëiste persoon”
Fair Trials – Newsletter April 2010
Earlier this month, the cross-party House of Commons Justice Select Committee, published its report “Justice Issues in Europe”. The report followed an inquiry lasting 12 months during which Fair Trials International gave written and oral evidence and provided materials from its own cases demonstrating the need for reform of the European Arrest Warrant and for EU cooperation to improve respect for defence rights.
Drawing on FTI’s evidence, the report concludes that successful use of the European Arrest Warrant had “been overshadowed by perceived injustices in individual cases”. Welcoming steps being taken to address the disproportionate use of the Warrant (over 13,500 were issued in 2008 alone), the Committee concluded that delay in reforming instruments like the Arrest Warrant could “undermine the mutual trust approach” in Europe. It also considered that: “If the European Evidence Warrant is revised or replaced, lessons should be learned from the operation of the European Arrest Warrant by incorporating safeguards into the legislation to minimise the potential for disproportionate use.”
The report also welcomed the European Union’s ”Roadmap” towards enforceable guarantees of procedural defence rights but expressed fear of potential setbacks ahead, particularly regarding measures giving suspects and defendants the right to immediate legal advice, funded by legal aid where necessary. It concluded “As the number of European arrest warrants is predicted to rise, there is a real risk that many more citizens will experience the dire consequences of the lack of adequate safeguards afforded to them when they find themselves caught up in European judicial processes.”
Justice issues in Europe – Seventh Report of Session 2009/10
Luxembourg – 6 October 2009
The Netherlands Court concludes that Article 12 EC (the principle of non-discrimination) does not preclude the legislation of a Member State of execution under which the competent judicial authority of that State is to refuse to execute a European arrest warrant issued against one of its nationals with a view to the enforcement of a custodial sentence, whilst such a refusal is, in the case of a national of another Member State having a right of residence as a citizen of the Union, subject to the condition that the person has lawfully resided for a continuous period of five years in that Member State of execution.
Court of Justice of the European Communities – press release 86:09
Brussels – 9 July 2007
The Council of the European Union proposes to have a discussion at EU level on the principle of proportionality and how to take this principle into consideration by judicial authorities when issuing an European arrest warrant.
EAW evaluation – the proportionality principle – Council of the European Union (2007)