CONCLUSION The case-law of the ECtHR on this subject is full but not exhaustive, and some key areas have not been explored. Where violations arise, this is often due to specific facts of the cases, from which extrapolation is needed in order to arrive at guiding principles. The Directive, in imposing common standards on the right to information in criminal proceedings, provides a more structured normative framework within which local decision-making will have to be taken and judicially controlled. Fair Trials is cautiously hopeful that this Directive could really help criminal defence. EU fundamental rights principles relating to access to documents and respect for defence rights have had significant impact, e.g. through forcing the disclosure of essential information in the context of UK national security procedures highly restrictive of defence rights in the recent ZZ case.72 We hope that the CJEU will deliver robust judgments in the criminal context on the basis of the Directive. Pending interpretation of the Directive by the CJEU, throughout this Toolkit, we have sought to make clear when we are taking a view on the Directive, and have tried to say explicitly where our legal approach has come from. However, we fully accept that there may be other views. Please do not hesitate to give us feedback on this Toolkit: tell us if you found it useful, if you disagree, and why. We also encourage you to engage with Fair Trials and the networks we coordinate:  Contact us to let us know how of your experience invoking the Directive.  Let us know if courts issue positive decisions applying the Directives.  If questions of interpretation arise, consider the CJEU route: see the Using EU law toolkit, our 2014 paper on strategic approaches to the CJEU73 and our online training video on the preliminary ruling procedure in criminal practice.74  Visit our website www.fairtrials.org regularly for updates on key developments relating to the Directives, and news about in-person trainings.  Come to us if you don’t get anywhere with the courts, because we can explore other options like taking complaints to the European Commission.  Get involved with pushing the issues in the domestic context: see our paper Towards an EU Defence Rights Movement75 for concrete ideas on articles, litigation, conferences etc. Fair Trials Europe Legal Experts Advisory Panel March 2015 72 Case C-300/11 ZZ ECLI:EU:C:2013:363. Fair Trials, Strategic approaches to litigation before the CJEU on the Roadmap Directives and EAW, 2014, available at http://www.fairtrials.org/wp-content/uploads/140818-CJEU-meeting-report.pdf. 74 Available at http://www.fairtrials.org/fair-trials-defenders/legal-training/online-training/. 75 Fair Trials, Strategies for implementation of the Roadmap Directives: Towards an EU Defence Rights Movement, February 2015, available at: http://www.fairtrials.org/wp-content/uploads/5A-IMPLEMENTATION-MOVEMENT-PAPER.pdf. 73 48

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