Activities of Judith SARGENTINI related to 2013/0409(COD)
Shadow reports (1)
REPORT on the 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 PDF (645 KB) DOC (383 KB)
Amendments (7)
Amendment 61 #
Proposal for a directive
Recital 12
Recital 12
Amendment 69 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive provides for the right to provisional and ordinary legal aid for children deprived of liberty and to legal aid for children that are requested in European arrest warrant proceedings. Member States should take special measures to ensure the provision of legal aid to children suspected or accused in criminal proceedings.
Amendment 80 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should apply to suspects or accused persons regardless of their legal status, citizenship or nationality, sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, residence status, age or sexual orientation or any other status. This Directive upholds the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, including the prohibition of torture and inhuman and degrading treatment, the right to liberty and security, respect for private and family life, the right to the integrity of the person, the rights of the child, integration of persons with disabilities, the right to an effective remedy and the right to a fair trial, the presumption of innocence and the rights of the defence. This Directive should be implemented in accordance with those rights and principles.
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 137 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Access to ordinary legal aid 1. Member States shall ensure that the persons referred to in Article 4(1) have access to legal aid if they lack sufficient financial resources to meet some or all of the costs of the defence and the proceedings as a result of their economic situation (´means test´) and/or when such aid is required in the interests of justice (´merits test´). 2. The assessment of the person´s economic situation shall be made on the basis of objective factors, such as income, capital, family situation, standard of living on the one hand and the cost of a defence lawyer on the other hand. 3. The assessment of legal aid being required in the interests of justice shall include an assessment of the complexity of the case, the social and personal situation of the person concerned, the seriousness of the offence and the severity of the potential penalty that may be imposed. 4. Member States shall make all relevant information on legal aid in criminal proceedings easily accessible and understandable for suspects or accused persons and requested persons, including information on how and where to apply for such aid, transparent criteria on eligibility for legal aid, as well as information on the possibilities available in circumstances where access to legal aid is denied or a legal aid lawyer provides insufficient legal assistance. 5. Decisions on whether or not to grant legal aid, and the appointment of lawyers, should be made promptly by an independent competent authority. Member States shall ensure that the responsible authorities make decisions diligently and that there are substantial guarantees against arbitrariness.
Amendment 139 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Article 4 b Effectiveness and quality of legal aid 1. Ordinary legal aid shall be provided at all stages of the criminal justice process. 2. In order to ensure the effectiveness of the legal aid with a view to safeguarding the right to a fair trial, Member States shall ensure, inter alia, that: (a) systems ensuring the quality and independence of legal aid lawyers are put in place or maintained, in particular a system of accreditation for legal aid lawyers, education and continuous professional training which ensures that legal aid lawyers contribute to the effective exercise of the rights of the defence; (b) the preferences and wishes of the suspect or accused person and requested person are taken into account by the national legal aid systems in the choice of the legal aid lawyer, as far as possible; (c) continuity in legal representation, if the suspect or accused person and requested person so wish, is ensured; (d) suspect or accused person and requested person have the right to have the legal aid lawyer assigned to them replaced at least once, if they deem that the legal aid lawyer provides insufficient legal assistance; (e) adequate funding and resources are provided and budgetary autonomy is guaranteed for efficient functioning of the legal aid system; (f) legal aid fees paid to lawyers reflect the complexity of the work involved and are proportionate to the nature and complexity of the case, the specific needs of the client, as well as the length of the proceedings.
Amendment 147 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Remedies Member States shall ensure that suspects, accused and requested persons have a right to judicial review if access to legal aid has been undermined, delayed or denied in full or in part, or if they have not been adequately informed of their right to legal aid.