C. IMPLEMENTATION CHECKLIST (2): EAW PROCEEDINGS
Provision(s)
Recital(s)
Questions in each area
Article 1, 2(2)
12
Observations / linked ECHR, EU or international standards / comparative good and bad practice examples
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Specify what rules or parts of
the procedural code govern
access to a lawyer in the context
of EAW proceedings
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Article 10(1)-(3)
42-45
Is there a right to a lawyer in
your Member State when it is
the executing Member State?
Does that right include the
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Subject matter / scope
The Directive applies the right of access to a lawyer to EAW proceedings.
See Framework Decision 2002/584/JHA on the EAW (in particular Article 11(2)).
Article 6 ECHR, by contrast, does not apply to extradition and immigration proceedings, there being no
determination of civil rights or obligations or of any criminal charge (eg. Maaouia v. Francexiii et seq).
Interferences with Article 8 ECHR (private life) rights do generate a right to an effective remedy under Article 13
ECHR, with some procedural safeguards inferred therefrom. However, the Directive is much more prescriptive.
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The Directive establishes a right of access to a lawyer in the executing state.
The right should enable the requested person to exercise their rights effectively; includes a right to meet and
communicate with the lawyer representing them; and the right for the lawyer to be present and to participate
in hearings relating to the execution of the EAW.
Other provisions above (confidentiality, communication and consular rights, waiver etc.) apply mutatis mutandis
to the EAW procedure in the executing Member State.
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Please specify the legal provisions in question
45
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