Stručni rad
https://doi.org/10.54070/hljk.28.2.6
Defence Rights in the Case Law of the Court of Justice of the European Union: News and Some Open Issues
Marijana Konforta
; Hrvatska odvjetnička komora, zagreb, Hrvatska
Sažetak
Considering the passage of time from the expiration of the deadline to transpose the Directive on the right to information in criminal proceedings and the Directive on the right of access to a lawyer in criminal proceedings, the Court of Justice of the European Union has had the opportunity to interpret the directives in a number of cases.
The Court considered the moment from which, as well as the latest point at which, persons suspected or accused of a criminal offence must be informed of their rights. Therefore, the Court considered the first part of the rights regulated by the Directive. It also expressed its view on the right of access to the materials of the case under Article 7 of the Directive, its view on the right of suspects and accused persons to a remedy to challenge the failure or refusal of the competent authorities to provide information in accordance with the Directive, and on the application of Articles 4 and 7 to persons arrested under a European Arrest Warrant. The majority of the case law deals with the interpretation of Article 6 of the Directive, regulating the right of suspects or accused persons to be provided with information about the criminal act they are suspected or accused of having committed. The aim of the mentioned article of the Directive is for suspects and accused persons to receive the information on charges against them, which is necessary for the preparation of their defence, but also for ensuring the fairness of the proceedings.
Concerning the Directive on the right of access to a lawyer, the Court considered whether the Bulgarian national provisions on the dismissal of a lawyer (exclusion) are in line with the Directive, as well as the limitations on the right of access to a lawyer in Spanish law.
Ključne riječi
right to information in criminal proceedings; right of access to a lawyer; directives; case law of the Court of Justice of the EU
Hrčak ID:
272800
URI
Datum izdavanja:
1.12.2021.
Posjeta: 568 *