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 - Enter your answers or comments about your system in the box below      Specify what rules or parts of the procedural code govern access to a lawyer in the context of EAW proceedings -   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 - 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. Your answers here 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. Your answers here Please specify the legal provisions in question 45

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