Directive 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings
Vincent Glerum
Faculty of Law, University of Groningen , Netherlandshttps://orcid.org/0000-0001-7668-1939
Abstract
Directive 2013/48/EU gives persons who are subject to European arrest warrant proceedings the right to “dual representation”: not only the right of access to a lawyer in the executing Member State but also the right to appoint a lawyer in the issuing Member State, whose limited role it is to provide information and advice to the lawyer in the executing Member State with a view to the effective exercise of the requested person’s rights under Framework Decision 2002/584/JHA. The right to appoint a lawyer in the issuing Member State is supposed to contribute to facilitating judicial cooperation. This article takes a closer look at that right and tries to establish whether – and, if so, to what extent – that right does indeed facilitate judicial cooperation.
References
Commission, 2017, Handbook on how to issue and execute a European arrest warrant, OJ 2017 C 335/1.
Commission, 2019, Report from the Commission to the European Parliament and the Council on the implementation of 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 person informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, COM(2019) 560 final.
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EU Fundamental Rights Agency, 2019, Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings, Luxembourg: Publications Office of the European Union.
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Faculty of Law, University of Groningen https://orcid.org/0000-0001-7668-1939
