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Practical Implementation of the Directives on the Right of Access to a Lawyer and to Legal Aid in the Croatian Legal Profession

Laura Valković ; Zagreb, Hrvatska
Marijana Konforta ; Hrvatska odvjetnička komora, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 368 Kb

str. 447-474

preuzimanja: 466

citiraj


Sažetak

The subject of this paper is the right to a lawyer, specifically, a lawyer financed by the state (formal defence of persons lacking sufficient means), as regulated by Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings, and by Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. By analysing the relevant jurisprudence of the European Court of Human Rights, we aim to demonstrate the degree of compliance of the Croatian lawyers` approach with the Directives. The practical implementation of the mentioned Directives is a specific part of this work. In this respect, we analyse the obligations for lawyers stemming from the directives, with an emphasis on the education of lawyers, their organisation via specific lists, as well as an effective system of disciplinary responsibility.

Ključne riječi

right to a lawyer; legal profession; Directive 2013/48/EU; legal aid

Hrčak ID:

232774

URI

https://hrcak.srce.hr/232774

Datum izdavanja:

2.12.2019.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.062 *