INTRODUCTION 1. New directives on fair trial rights Working with Fair Trials, the Legal Experts Advisory Panel (‘LEAP’)1 – a network of over 140 criminal justice professionals from all 28 Member States – did a lot of work to support the European Union (‘EU’) institutions negotiation and eventual adoption of the three directives adopted under the Roadmap for strengthening procedural rights in criminal proceedings. LEAP members saw problems in the protection of fair trial rights, and it was hoped that EU legislation could help solve them. Three directives have been adopted: Directive 2010/64/EU on the right to interpretation & translation in criminal proceedings2 (the ‘Interpretation & Translation Directive); Directive 2012/13/EU on the right to information in criminal proceedings3 (the ‘Right to Information Directive’); and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings 4 (the ‘Access to a Lawyer Directive’) (collectively, the ‘Directives’). Their transposition deadlines expire(d) on 27 October 2013, 2 June 2013 and 6 November 2016 respectively. And, though there are already some documented delays, by and large, Member States have or will have adopted legislation in order to implement the Directives. 2. Lawyers need to use them However, to ensure the Directives have full effect, it is necessary to ensure that they are relied upon by the national courts, they key forum for enforcement of EU law. At an October 2014 roundtable meeting, LEAP members agreed a strategy paper, Strategies for effective implementation of the Roadmap Directives: Towards and EU Defence Rights Movement,5 placing particular emphasis on ensuring lawyers invoke the Directives and encourage courts to rely upon them. This series of Toolkits aims to assist in this process by providing a reminder of essential EU law ideas and structures (this Toolkit), and practical advice for relying on the Interpretation & Translation Directive and the Right to Information Directive. This Toolkit also includes some general comments on the use of Directives prior to their transposition deadlines, relevant to the Access to a Lawyer Directive, the transposition deadline of which was some distance away at the date of publication. 1 For more information about LEAP, visit http://www.fairtrials.org/fair-trials-defenders/. Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280, p.1). 3 Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1). 4 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 (OJ 2013 L 294, p. 1). 5 Available at http://www.fairtrials.org/wp-content/uploads/5A-IMPLEMENTATION-MOVEMENT-PAPER.pdf. 2 3