2. Scope of this Toolkit a. Parts I-III – Toolkit for practitioners This Toolkit is partly directed at practitioners using the Toolkit from 27 November 2016 after its implementation deadline. In Part I it seeks to put forward a general approach for using the Directive, and two example areas where you might wish to use it. It then discusses certain specific issues highlighted by the LEAP network as posing a particular challenge to the conduct of criminal defence: waiver of the right of access to a lawyer (Part II) and derogations on the right (Part III). b. Part IV – Implementation Check-List Part IV, directed at authorities responsible for the implementation of the Directive, provides general comment on all aspects of the Directive to facilitate an initial review of national law. This ‘calling card’ forms part of LEAP’s continuing strategy to participate actively in the implementation of the Roadmap Directives. LEAP will place a particular focus upon this aspect in the second half of 2016 and early in 2017 while the legislative phase is likely to still be ongoing in many Member States. 3. How to use this Toolkit a. How the content is organised Much of the content of the Directive is derived from the case-law of the European Court of Human Rights (‘ECtHR’). Indeed one of the functions of the Directive is to articulate those standards as EU law. Accordingly, for each thematic area, the Toolkit reviews relevant lines of ECtHR case-law. We then consider the provisions of the Directive itself. Most provisions of the Directive leave considerable room for interpretation, and at the time of writing9 there are not yet many rulings of the Court of Justice of the EU (‘CJEU’) on this Directive. Accordingly, everything you see written against a white background is, in effect, our own reading of the law. Based upon our understanding of the Directive, we then make concrete suggestions about how to use it in a given case. These involve both practical steps (e.g. documenting and challenging violations at the pre-trial stage) and legal steps (e.g. invoking the Directive before a court). In order to distinguish clearly between these different levels of analysis: Provisions of the ECHR and citations from case-law of the ECtHR appear in yellow shading, with a single border, to represent their nature as an irreducible minimum. They are presented in italics. Provisions of European Union law or citations from the case-law of the CJEU appear in green shading, with a double border, to represent their nature as complementary, possibly more extensive protection. Suggestions by Fair Trials on using the Directive in practice appear in blue shading, with a triple border, to represent your use of the Directive in the local legal context. We try to be up front about when we are making a suggestion with the symbol ‘’. 9 This Toolkit is published in Spring 2016. 5