Activities of Carmen ROMERO LÓPEZ related to 2011/0154(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest PDF (400 KB) DOC (431 KB)
Amendments (27)
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that suspects and accused persons are granted access to a lawyer of his her own choosing or to legal aid according to national legislation as soon as possible and in any eventof the earliest situations:
Amendment 97 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) upon carrying out any procedural or evidence-gathering act at which the person’s presence is required or permitted as a right in accordance with national law, unless this would prejudice the acquisition of evidencexcept where the person responsible for the act reasonably believes that the evidence to be gathered will be altered, removed, destroyed as a result of the passage of time needed to the lawyer to arrive;
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) immediately from the outset of deprivation of liberty.
Amendment 102 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall notify suspects and accused persons that they have a right of access to a lawyer in accordance with the Directive on the right to information in criminal proceedings. They shall also ensure that this right is communicated in an appropriate manner that can be understood by all persons, including children and vulnerable.
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The suspect or accused person shall have the right to be represented and meet with the lawyer of his her own choosing or with the one issued from the legal aid system according to national legislation and representing him.
Amendment 120 #
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 acquisition of evidencexcept where the person responsible for the act reasonably believes that the evidence to be gathered will be altered, removed, destroyed as a result of the passage of time needed for the the lawyer to arrive.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The lawyer shall have the right to check theo the extent necessary to ensure a fair trial and prevent torture or inhuman or degrading treatment, the lawyer shall be allowed to examine the specific conditions in which the suspect or accused person is detained and to thisat end shall have access to the place where the person is detained.
Amendment 130 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a person to whom Article 2 refers and who is deprived of his liberty has the right to communicate immediately with at least one person named by him as soon as possible.
Amendment 131 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the person is a child or a vulnerable person, Member States shall ensure that the child’s legal representative or another adult, depending on the interest of the child or the vulnerable person, 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 child or the vulnerable person, in which case another appropriate adult or legal representative shall be informed.
Amendment 134 #
Proposal for a directive
Article 6
Article 6
Member States shall ensure that persons to whom Article 2 refers, who are deprived of their liberty and who are non-nationals have the right to have consular or diplomatic authorities of their State of nationality informed of the detention as soon as possiblepromptly upon their arrest or detention of the detention/arrest and to communicate with the consular or diplomatic authorities. Such authorities have the right to visit such persons and to arrange for their legal representation, and to observe court proceedings in relation to the person.
Amendment 136 #
Proposal for a directive
Article 7
Article 7
Member States shall ensure that the confidentiality of meetings between the suspect or accused person and his lawyer is guaranteed. They shall also ensure the confidentiality of correspondence, telephone conversations and other forms of communication permitted under national law between the suspect or accused person and his lawyer. Confidentiality shall not be subject to any exception; any infringement thereof shall be sanctioned in accordance with national law.
Amendment 141 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) shall be justified by compelling reasons in the light of the particular circumstances of the case pertaining to the urgent need to avert serious adverse consequences for the life or physical integrity of a person;
Amendment 145 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) shallmust not go beyond what is necessary;
Amendment 146 #
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) shall bemust be strictly limited in time as much as possible and in any event not extend to the trial stage;
Amendment 147 #
Proposal for a directive
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) shallmust not prejudice the fairness of the proceedings.
Amendment 149 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Derogations may only be authorised by a duly reasoned decision taken by an independent judicial authority on a case- by-case basis. The duly reasoned decision shall be recorded in writing.
Amendment 150 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
The grounds and criteria for derogations listed above must be clearly set out in national law.
Amendment 151 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) he has the necessary capacity to understand these consequences and has reached the age of majority
Amendment 152 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the waiver is given voluntarily and unequivocally in writing.
Amendment 158 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that any person other than a suspect or accused person who is heard by the police or other enforcement authority in the context of a criminal procedure is granted access to a lawyer if, in the course of questioning, interrogation or hearing, he becomes suspected or accused of having committed a criminal offence. This person has to be informed promptly that he or she is a suspect and/or accused person. Any such questioning, interrogation or hearing shall be suspended immediately.
Amendment 160 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Access to a lawyer shall be granted in such a time and manner as to allow the suspect or accused person to exercise his rights of defence effectively.
Amendment 163 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – indent 3 a (new)
Article 11 – paragraph 2 – subparagraph 1 – indent 3 a (new)
- the right that he and his lawyer have access to the materials of the case;
Amendment 165 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The lawyer of this person in the issuing Member State shall have the right to carry out activities limited to what is needed to assist the lawyer in the executing Member State, with a view to the effective exercise of the person’s rights in the executing Member State under that Council Framework Decision, in particular under its Articles 3 and 4.
Amendment 168 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall not apply less favourable provisions on legal aid than those currently in place in respect of access to a lawyer provided pursuant to this Directiveensure that suspects and accused persons are granted with effective legal aid according to national legislation.
Amendment 169 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Definition of a lawyer 1. Member States shall take concrete measures to ensure that the lawyer has appropriate accreditation to effectively represent the suspect or accused person in accordance with this Directive. 2. In order to ensure that only accredited lawyers provide legal assistance, Member States shall endeavour to establish a register or registers of accredited lawyers who are appropriately qualified. Once established, such register or registers shall, where appropriate, be made available to relevant authorities.
Amendment 170 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that a person to whom Article 2 and article 10 refers has an effective remedy in instances where his right of access to a lawyer has been breached.
Amendment 176 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that statements made by the suspect or accused person or evidence obtained in breach of his right to a lawyer or in cases where a derogation to this right was authorised in accordance with Article 8, may not be used for his/her conviction at any stage of the procedure as evidence against him, unless the use of such evidence would not prejudice the rights of the defence.