IV – IMPLEMENTATION CHECK-LIST
A. ABOUT THIS PART
1. The implementation check-list
Below is a questionnaire with a series of questions which, in LEAP’s view, should be borne in mind
when implementing the Directive (references are in the endnotes). The reader is invited to review
the relevant national law and answer the questions posed in the left hand column. The aim is to
identify areas where the current or proposed law does or would fail to meet the requirements of the
Directive (read with other key international standards) so that these can be addressed in the
legislative phase, leaving fewer problems for the courts to deal with subsequently.
If no specific legislative proposals to implement the Directive have been brought forward, consider
the current law. If legislative proposals are pending, we invite you to base your answers on the law
as it would stand based on the current proposals. Contact us first if you wish to discuss this further.
2. Who should do what with this check-list
The Check-Lists provide a framework for analysis and discussion of national law in light of the
Directive. From the responses to this questionnaire, we may identify issues for more detailed. The
questionnaire is designed to be used by different groups of people, as follows.
a. LEAP Members
LEAP members will be invited to complete this questionnaire. For each country, answers will be
reviewed by Fair Trials staff and key issues identified. Based upon this analysis, Fair Trials and LEAP
members from selected countries will work together to initiate discussions with the relevant
national authorities (ministries of justice, parliamentary committees etc.).
b. National authorities
Fair Trials will also send this questionnaire to relevant national authorities directly, to put them on
notice as to the issues currently being discussed within LEAP. Answers received will be discussed
with LEAP members from the relevant Member States to obtain their further comments.
c.
Bar associations and other users
The present document will be publicly available as a PDF but the word version will be available on
request from Fair Trials via gianluca.cesaro@fairtrials.net. We will welcome questionnaires from all
interested stakeholders, including in particular academics and national / regional bar associations.
3. What LEAP can offer
In line with its paper, Towards an EU Defence Rights Movement (see here), LEAP will aim to provide
useful assistance to implementing authorities. In particular, we can offer expert knowledge of the
relevant standards and a wealth of comparative law examples.
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