21 Amendments of Sylvia-Yvonne KAUFMANN related to 2013/0409(COD)
Amendment 34 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings
Amendment 49 #
Proposal for a directive
Recital 9
Recital 9
(9) In order for suspects or accused persons who are deprived of libertyin criminal proceedings to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings, they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid. Member States should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty andfrom the time that they are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence and in any event before any questioning, and it should be available at least until the competent authority has taken the decision on legal aid and, in cases of full or partial rejection, this decision has become final, or, where the application for legal aid is granted, the appointment of the lawyer by the competent authority has taken effect.
Amendment 62 #
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons canmay be recovered from those persons if, in the subsequent assessment by the competent authority of whether they have a right to legal aid, they are found to not meet the criteria to benefit from legal aid under national law. , and if they knowingly provided the competent authorities with false information on their personal financial situation. In order to ensure that any recovery of costs relating to provisional legal aid does not prejudice the suspect or accused person in such a way as to undermine the overall fairness of the proceedings, Member States should ensure that the conditions attached to recovery of costs are clear and reasonable and take account of the specific financial situation of the suspect or accused person.
Amendment 66 #
Proposal for a directive
Recital 14
Recital 14
(14) To ensure that requested persons can effectively exercise their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, in accordance with Directive 2013/48/EU, the issuing Member State should ensure that requested persons have access to legal aid for the purpose of the European arrest warrant proceedings in the executing Member Stateprovisional legal aid and to legal aid for the purpose of legal representation in that Member State to assist the lawyer in the executing Member State in the course of European arrest warrant proceedings. Thise right to legal aid may be subject to an assessment of the means of the requested person and/or whether it is in the interests of justice to provide legal aid, according to the applicable eligibility criteria in the issuing Member State in question.
Amendment 73 #
Proposal for a directive
Recital 16
Recital 16
(16) When implementing this Directive, Member States should ensure the respect of the fundamental right of legal aid as provided for in Articles 47(3) of the Charter and Article 6(3)(c) ECHR and ensure that legal aid is available to those who do not have sufficient resources to pay for legal assistance and/or when the interest of justice so requires. Where the granting of legal aid is conditional upon a means test, such tests should take into account considerations particular to vulnerable suspects or accused persons.
Amendment 75 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) The principle of effectiveness of Union law requires that Member States put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by Union law. An effective remedy should be available, where the provision of legal aid has been undermined, delayed or denied, where suspects or accused persons have not been adequately informed of their right to legal aid and where provisions about eligibility or cost recovery have been unclear. Therefore, persons applying for legal aid should have the right to appeal a decision refusing legal aid.
Amendment 77 #
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should collect data showing how the right to legal aid for suspects or accused persons and requested persons have been accessed. Member States should also collect data on the number of cases where provisional legal aid was provided for suspects or accused persons deprived of liberty, as well as for requested persons, and the number of cases where this right was not exercised. Such data should include the number of requests for legal aid in European arrest warrant proceedings when the Member State acts as issuing and executing State, as well as the number of cases where these requests were granted. Data on the costs for providing provisional legal aid for persons deprived of libertysuspects or accused persons and for requested persons should also be collected.
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the right to provisional legal aid and to legal aid for suspects or accused persons in criminal proceedings who are deprived of liberty, and
Amendment 88 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) suspects or accused persons in criminal proceedings, who are deprived of liberty and who have a right of access to a lawyer pursuant to Directive 2013/48/EU;
Amendment 98 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) provisional legal aid means legal aid to a person deprived of libertyprovided until the decision on legal aid has been taken and come into effect,
Amendment 103 #
Proposal for a directive
Article 4 – title
Article 4 – title
Access to provisional legal aid and to legal aid
Amendment 107 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) suspects or accused persons in criminal proceedings, who are deprived of libertyhave the right of access to a lawyer pursuant to Directive 2013/48/EU;
Amendment 111 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) requested persons deprived of liberty in the executing Member Stat, who have the right of access to a lawyer pursuant to Directive 2013/48/EU, including legal assistance both in the executing as well as in the issuing Member State, in line with Article 10 of that Directive.
Amendment 114 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Provisional legal aid shall be granted without undue delay after deprivation of libertyfrom the time that they are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence and in any event before questioning.
Amendment 120 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Provisional legal aid shall be ensured until the final decision on legal aid has been taken and comes into effect, or,and (a) where the suspects or accused persons are granted legal aid, the appointment of the lawyer has taken effect, or (b) where legal aid has been denied, the person has had sufficient time to find and engage a lawyer.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall be able tomay provide that the costs relating to provisional legal aid can be recovered from suspects or accused persons and requested persons who do not meet the eligibility criteria for legal aid as applicable under national law, and who knowingly provided the competent authorities with false information on their personal financial situation. In order to ensure that any recovery of costs relating to provisional legal aid does not prejudice the suspect or accused person in such a way as to undermine the overall fairness of the proceedings, Member States shall ensure that the conditions attached to recovery of costs are clear and reasonable and take account of the specific financial situation of the suspect or accused person.
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. Member States shall take appropriate measures to ensure that the persons referred to in Article 4(1), if they so wish, have access to legal aid: (a) if they lack sufficient financial resources to meet parts or all of the costs of their defence and the proceedings ('means'), based on an assessment including all relevant and objective factors, among them income, capital, family situation, standard of living, costs of legal representation; and/or (b) if the interests of justice so require ('merits'), based on an assessment of the urgency and complexity of the case, the seriousness of the offence, the social and personal situation of the person concerned as well as the severity of the potential penalty.
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 5 b (new)
Article 4 – paragraph 5 b (new)
Amendment 134 #
Proposal for a directive
Article 4 – paragraph 5 c (new)
Article 4 – paragraph 5 c (new)
5 c. Member States shall provide to the persons referred to in 4(1) all relevant information on provisional legal aid and on legal aid in criminal proceedings. Such information shall be provided in an easily accessible and understandable way and include the criteria on eligibility for legal aid, information on how, when and where to apply, as well as information on possible ways to appeal a decision resulting in a refusal of legal aid or in insufficient legal assistance.
Amendment 141 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The executing Member State shall ensure that requested persons have the right to legal aid upon arrest pursuant toprovisional legal aid and to legal aid once a European arrest warrant has been issued until they are surrendered, or, in cases of non-surrender, until the decision on surrender has become final.
Amendment 145 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Appeals and remedies 1. Any person who applies for legal aid under this Directive shall have the right to appeal a decision refusing legal aid before an independent court, with a view to preserving the right to a fair trial and the right to defence. 2. Member States shall ensure that suspects, accused persons and requested persons have an effective remedy if their rights under this Directive have been breached. Those remedies shall include a right to judicial review where access to legal aid has been undermined or delayed or if persons have not been adequately informed of their rights to provisional legal aid and to legal aid.