points mentioned in Article
10(2)? Is legal aid available?
Article 10(4)-(6)
46
Is there a right to a lawyer in
your Member State when it is
the issuing Member State?
Is this a distinct right vis a vis the
right of access to a lawyer in the
substantive criminal
proceedings which underlie the
EAW?
Can the right of access to a
lawyer in the substantive
criminal proceedings be invoked
by the suspect or accused
person prior to their surrender?
-
The Directive also creates an obligation upon the issuing Member State to provide access to a lawyer there.
The role of the lawyer in the issuing Member State is to assist the lawyer in the executing Member State by
providing information and advice to enable the exercise of the rights of the defence there.
This function is crucial in the defence of EAWs.
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