13 Amendments of Rolandas PAKSAS related to 2011/0154(COD)
Amendment 17 #
Proposal for a directive
Recital 3
Recital 3
(3) Mutual recognition can only operate effectively where there is mutual trust, which requires detailed rules on the protection of procedural rights and guarantees stemming from the Charter, the ECHR and the ICCPR, and where there are common standards applicable throughout the Union. Common minimum rules should increase confidence in the criminal justice systems of all Member States, which in turn should lead to more efficient judicial cooperation in a climate of mutual trust and to the promotion of a fundamental rights culture in the Union. They should also remove obstacles to the free movement of citizens. Such common minimum rules should apply to the right of access to a lawyer and the right to communicate upon arrest;
Amendment 18 #
Proposal for a directive
Recital 15
Recital 15
(15) Derogations from the right of access to a lawyer and the right to communicate upon arrest should be permitted only in exceptional circumstances, in line with case law of the European Court of Human Rights, where there are compelling reasons relating to the urgent need to avert serious adverse consequences for the life or physical integrity of another person and where there are no other less restrictive means to achieve the same result, such as, in cases of a risk of collusion, replacement of the lawyer chosen by the suspect or accused person or nomination of a different third party to communicate with; all derogations should be subject to a case- by-case assessment by the competent judicial authority, which should give reasons for its decision;
Amendment 19 #
Proposal for a directive
Recital 16
Recital 16
Amendment 29 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The lawyer shall have the right to be present at any questioning and hearing. He shall have the right to ask questions, request clarification and make statements, which shalland to request that what he says be recorded in accordance with national law.
Amendment 30 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The lawyer shall have the right to be present at any other investigative or evidence-gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the expeditious acquisition of evidence and the efficiency of the proceedings.
Amendment 32 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained; he shall also have the right to request that what he says be recorded in writing.
Amendment 33 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The duration and frequency of mMeetings between the suspect or accused person and his lawyer shall not be limited in any way that may prejudice the exercise of histake place at least before every new questioning. Member States shall fix the duration and frequency of meetings so as to safeguard the rights of defence.
Amendment 94 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) before the start of any questioning by the police or hearing by other law enforcement authorities;
Amendment 113 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The lawyer shall have the right to be present at any questioning and hearing. He shall have the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law, and to have his comments annexed to the official record of the questioning or hearing.
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained and to have his comments officially recorded.
Amendment 132 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the person is a childminor, Member States shall ensure that the childminor’s legal representative or another adult, depending on the interest of the childminor, is informed as soon as possible of the deprivation of liberty and the reasons pertaining thereto, unless it would be contrary to the best interests of the childminor, in which case another appropriate adult shall be informed.
Amendment 148 #
Proposal for a directive
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) shall not prejudice the smooth running of the investigation or the fairness of the proceedings.
Amendment 162 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – indent 3
Article 11 – paragraph 2 – subparagraph 1 – indent 3
– the right that his lawyer is present at any questioning and hearing, including the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law, and to have his comments annexed to the official record of the questioning or hearing;