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. 35

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