b. The ‘Using EU Law in Practice’ Toolkit
This Toolkit may be used alongside the ‘Using EU Law in Practice’ Toolkit which contains
explanations of the assumptions made about the legal effects of the Roadmap Directives. It also
contains an introduction to the concept of ‘invoking the Directive’ through reliance upon remedial
mechanisms such as invalidity of procedural acts, exclusion / disregarding of evidence and so on.
c. Before and after the implementation deadline
The ‘Using EU Law in Practice’ Toolkit, further, contains comments about the use of the Directive in
the time prior to its implementation deadline of 27 November 2016. Practitioners interested in using
the Directive in court prior to that date should refer to those parts of that Toolkit. Parts I-III of this
Toolkit, with arguments as to how to invoke the Directive, assumes that the deadline has passed
(meaning provisions can be directly effective). Only Part IV of this Toolkit, addressed to
implementation authorities, is aimed at the implementation phase.
d. Terminology
In this Toolkit, we use the term ‘questioning’ to refer to questioning as to the facts of an offence by
police, prosecutors and/or investigative judges; this may have the same meaning as the terms
‘interview’ and ‘interrogation’ in some jurisdictions.
e. A word of caution
This Toolkit is drafted based on certain assumptions. As mentioned above, we have endeavoured to
identify these clearly in the body of the text. This is both in acknowledgment of the fact that there
may be other points of view, and in order to ensure you are aware that these are inferences which
you will need to be happy to stand by if you are going to rely on them in court.
The Toolkit is also drafted with lawyers from all EU Member States in mind. Necessarily, it cannot
cater for all individual variations in criminal procedure in the different EU Member States. It cannot
take account of existing professional traditions and deontological rules established by national or
regional bars. So you will need to adapt our suggestions to work within your own local context.
f. Keep in touch
With those qualifications, we encourage you to follow the steps in this Toolkit, try out the arguments
we propose and to let us know how you get on by contacting us via the contacts in the preface. We
will be keen to hear from you about your experience and to share lessons learned from others.
B. BEFORE THE DIRECTIVE: REVIEW OF ECHR PRINCIPLES
1. Overall fairness and Article 6(3) guarantees
It is important to bear in mind that fair trial principles under Article 6 ECHR are developed by the
ECtHR which rules on cases in a subsidiary capacity. In line with Article 1 of the ECHR, it falls to the
Contracting States to secure the rights under the ECHR for those within their jurisdiction; the ECtHR
mechanism is therefore available only when internal remedies have been exhausted.
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