2010/0215(COD) | [ParlTrack]

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2010/0215(COD) Judicial cooperation in criminal matters: right to information in criminal proceedings

Role	Committee	Rapporteur	Shadows
Opinion	JURI	ALBRECHT Jan Philipp (Verts/ALE)
Lead	LIBE	SIPPEL Birgit (S&D)	ANTONESCU Elena Oana (PPE), LUDFORD Baroness Sarah (ALDE), KIRKHOPE Timothy (ECR), TRIANTAPHYLLIDES Kyriacos (GUE/NGL)

Lead committee dossier: LIBE/7/03510
Legal Basis TFEU 082-p2

Subjects

Links

Activites

2012/06/01 Final act published in Official Journal
- Directive 2012/13
- OJ L 142 01.06.2012, p. 0001
2012/05/22 Final act signed
2012/05/22 End of procedure in Parliament
#3161
2012/04/26 Council Meeting
2012/04/26 Act adopted by Council after Parliament's 1st reading
2011/12/13 Results of vote in Parliament
- Results of vote in Parliament
- T7-0551/2011 summary
  
  The European Parliament adopted by 663 votes to 24, with 17 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the right to information in criminal proceedings. Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement negotiated between the European Parliament and the Council. They amend the Commission proposal as follows: Objective: the amended text stipulates that the Directive lays down rules concerning the right to information of suspected or accused persons about rights in criminal proceedings and rights of persons in proceedings for the execution of a European arrest warrant and about the accusation in criminal proceedings. Scope: where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, this Directive shall apply only to the proceedings before that court following such an appeal. The right to information about rights: any person who is suspected or accused of having committed a criminal offence is provided promptly with information concerning at least the following procedural rights as they apply under their national law, in order to allow for their effective exercise: (i) any entitlement to legal advice free of charge and the conditions for obtaining it; (ii) the right to be informed of the accusation; (iii) the right to remain silent. The information shall be provided either orally or in writing and in simple and accessible language, taking into account any particular need of vulnerable suspected or accused persons. The right to written information about rights on arrest: Member States shall ensure that a person who is arrested or detained is provided promptly with a written Letter of Rights. The Letter of Rights shall contain information about the following rights as they apply under national law: (i) the right to access to the materials of the case; (ii) the right to have consular authorities and one person informed; (iii) the right of access to urgent medical assistance; (iii) for how many hours/days he may be deprived of liberty before being brought before a judicial authority. The Letter of Rights shall also contain basic information about any possibility under national law to challenge the lawfulness of the arrest, to obtain a review of the detention, or to ask for provisional release. An indicative model of the Letter of Rights is contained in Annex I of the Directive. The sole purpose of this model is to present an illustration of a Letter of Rights with a view to helping the national authorities when preparing such Letter at national level. Member States are not bound to use this model. When preparing their Letter, they may amend this model to align it with their national applicable rules and add further useful information. The right to information about the accusation: a suspected or accused person should be provided with information about the criminal act he is suspected of having committed. This information shall be provided promptly and in such detail as is necessary to safeguard the fairness of the criminal proceedings and effectively exercise the person's right of defence. Member States shall ensure that a person who is arrested or detained is informed of the reasons for his arrest or detention, including the criminal act he is suspected of having committed. The right to access to the materials of the case: where a person is arrested and detained at any stage of the criminal proceedings, Member States shall ensure that documents related to the specific case in the possession of the competent authorities which are essential to effectively challenge according to national law the lawfulness of the arrest or detention, are made available to the arrested person or his lawyer. Access to certain materials may be refused if it may lead to serious risk to the life or fundamental rights of another person or if it is strictly necessary to safeguard an important public interest, such as in the cases where it risks prejudicing an ongoing investigation, or where it may seriously harm the national security of the Member State in which the proceedings take place. Training: Member States shall request those responsible for the training of judges, prosecutors, police and judicial staff involved in criminal proceedings to provide appropriate training with respect to the objectives of this Directive. The Directive shall be transposed at the latest two years after its publication in the Official Journal. The Commission shall present at the latest three years after the publication of this Directive, a report assessing the extent to which the Member States have taken the necessary measures in order to comply with this Directive, accompanied, if necessary, by legislative proposals.
2011/12/12 Debate in Parliament
- Debate in Parliament
2011/11/25 Committee report tabled for plenary, 1st reading/single reading
- A7-0408/2011 summary
  
  The Committee on Civil Liberties, Justice and Home Affairs adopted the report drafted by Birgit SIPPEL (S&D, DE) on the proposal for a directive of the European Parliament and of the Council on the right to information in criminal proceedings. The committee recommends that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should be to amend the Commission proposal. The amendments proposed are the result of a discussion between the members of the committee responsible and Member States’ representatives. Objective: the amended text stipulates that the Directive lays down rules concerning the right to information of suspected or accused persons about rights in criminal proceedings and rights of persons in proceedings for the execution of a European arrest warrant and about the accusation in criminal proceedings. Scope: where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, this Directive shall apply only to the proceedings before that court following such an appeal. The right to information about rights: any person who is suspected or accused of having committed a criminal offence is provided promptly with information concerning at least the following procedural rights as they apply under their national law, in order to allow for their effective exercise: (i) any entitlement to legal advice free of charge and the conditions for obtaining it; (ii) the right to be informed of the accusation; (iii) the right to remain silent. The information shall be provided either orally or in writing and in simple and accessible language, taking into account any particular need of vulnerable suspected or accused persons. The right to written information about rights on arrest: Member States shall ensure that a person who is arrested or detained is provided promptly with a written Letter of Rights. The Letter of Rights shall contain information about the following rights as they apply under national law: (i) the right to access to the materials of the case; (ii) the right to have consular authorities and one person informed; (iii) the right of access to urgent medical assistance; (iii) for how many hours/days he may be deprived of liberty before being brought before a judicial authority. The Letter of Rights shall also contain basic information about any possibility under national law to challenge the lawfulness of the arrest, to obtain a review of the detention, or to ask for provisional release. The right to information about the accusation: a suspected or accused person should be provided with information about the criminal act he is suspected of having committed. This information shall be provided promptly and in such detail as is necessary to safeguard the fairness of the criminal proceedings and effectively exercise the person's right of defence. Member States shall ensure that a person who is arrested or detained is informed of the reasons for his arrest or detention, including the criminal act he is suspected of having committed. The right to access to the materials of the case: where a person is arrested and detained at any stage of the criminal proceedings, Member States shall ensure that documents related to the specific case in the possession of the competent authorities which are essential to effectively challenge according to national law the lawfulness of the arrest or detention, are made available to the arrested person or his lawyer. Access to certain materials may be refused if it may lead to serious risk to the life or fundamental rights of another person or if it is strictly necessary to safeguard an important public interest, such as in the cases where it risks prejudicing an ongoing investigation, or where it may seriously harm the national security of the Member State in which the proceedings take place. Training: Member States shall request those responsible for the training of judges, prosecutors, police and judicial staff involved in criminal proceedings to provide appropriate training with respect to the objectives of this Directive.
2011/11/23 Vote in committee, 1st reading/single reading
#3051
2010/12/02 Council Meeting
- 3051 summary
  
  The Council reached a general approach on EU-wide minimum standards as regards the right to information in criminal proceedings. Now the negotiations with the European Parliament can begin.The directive was proposed by the Commission in July 2010. Its goal is to ensure that any person suspected or accused of having committed a criminal offence is provided with information concerning some fundamental procedural rights, as well as information on the accusation against him, free of charge and in a language he or she understands.The text on which the Council reached a general approach stipulates that any person arrested has the right to receive upon arrest a so-called "Letter of Rights" in a language that he or she understands. It should be drafted in a simple and accessible language so as to be easily understood by a lay person without any knowledge of criminal procedural law.This "Letter of Rights" must contain information on a number of procedural rights:· the right to know how long you can be deprived of liberty in the country concerned before· being brought before a judicial authority after arrest;· the right of access to a lawyer;· any entitlement to legal advice free of charge and the conditions for obtaining it;· the right to interpretation and translation;· the right to remain silent.The Commission proposal also provides for an indicative model of such a "Letter of Rights", in order to facilitate the elaboration by the Member States of a similar document adapted to their national law; the status and content of this indicative model will be discussed by Council at a later date.Other information rights provided for in the current text of the directive include the right to access to the materials of the case. For this right, access to certain materials may be refused if it may lead to serious risk for the fundamental rights of another person. Access can also be refused if necessary to safeguard an important public interest, e.g. in cases where it risks jeopardizing an ongoing investigation, or where it may seriously harm the national security of the Member State in which the proceedings take place.
#3043
2010/11/08 Council Meeting
- 3043 summary
  
  The right to a written information upon arrest throughout the EU, as part of the protection of the right to a fair trial - that is what ministers discussed in a public session on the basis of a working document.They welcomed the progress made in recent negotiations and asked the Council preparatory bodies to continue work on the outstanding issues. These issues include:the exact way in which the suspected is informed about his rights,the distinction among different phases of criminal proceedings which would lead to a varying extent of the rights in each of these phases, the right to access the case file and the use of the term "case-file" unknown in some Member States;the question of costs.The objective of the Presidency is to reach a general approach on this file at the Council in December 2010 so as to be able to start negotiations with the Parliament as soon as possible in the new year. One of the main difficulties is to take into account the various legal systems, especially the differences between civil law and common law countries.Ireland and the United Kingdom decided to participate in the directive by using the opt-in option provided for in Protocol 21 of the Lisbon Treaty. Denmark is not taking part. On a number of issues the Belgian Presidency is glad to note a wide agreement among delegations. While further work has to be done in the Working Party to refine the text of certain Articles, there is already a large support for the principles provided for by such Articles. The following issues may be highlighted:the principle enshrined in Article 3 of the Directive, whereby the competent authorities should provide the suspected or accused person with basic information on fundamental procedural rights linked to the protection of the right to a fair trial, at least those listed in Article 3 (3) of the draft Directive. This information should be provided once these procedural rights may be exercised by the person concerned and in due time to allow him to effectively exercise them. The information should in principle be provided only once during the proceedings, it should not be reiterated unless otherwise required by the circumstances of the case or the specific rules laid down in national law;the principle provided for by Article 4 of the Directive, according to which a person who is placed under arrest or detention in the course of criminal proceedings should be provided in writing with a Letter of rights, containing basic information on his procedural rights immediately relevant to the situation of arrest or detention. This right to written information also applies to detention imposed in relation to the execution of a European arrest warrant;the principle provided for by Articles 6 (3) and 7 (3), according to which, when the accused person is presented or summoned before a court to answer on the merits of a criminal charge, he should be provided with detailed information about the offence he is accused of having committed and with generalized access to documents or materials which are in the possession of the competent authorities (save certain exceptions to necessary safeguard other relevant public interests), so that he may adequately prepare his defence.On the other hand, there still are some key issues on which further reflection in the Council's preparatory bodies will be required. In particular, with relation to issues such as:the identification of the evidentiary materials and documents which should be the object of the right of access provided by Article 7, and the possibility to use in the text, as the original proposal does, the term "case-file" to designate the object of the right to access;the definition of a commonly acceptable timeframe situated before the trial phase of the criminal proceedings during which the rights referred to in Articles 6 and 7 should apply, at least to some extent.The Belgian Presidency invites all delegations to continue participating actively in a common effort to find an adequate solution for these last outstanding issues and to proceed as rapidly as possible towards an agreement within the Council before the end of the year on a text of the Directive which could form the basis for further negotiations with the European Parliament.
#3034
2010/10/07 Council Meeting
- 3034 summary
  
  The Council welcomed the Commission proposal for EU-wide minimum standards as regards the right to information in criminal proceedings.During the discussion, Ireland announced its wish to participate in the directive by using its opt-in option provided for in Protocol 21 of the Lisbon Treaty. The UK, which has the same option, has not yet decided to do so.The discussion also showed that further work is necessary on a limited number of provisions, including the right to remain silent, access to the case file and the question of costs. The Council asked its preparatory bodies to continue their work on the dossier with a view to reaching a common position by the end of 2010.
2010/09/07 Committee referral announced in Parliament, 1st reading/single reading
2010/07/20 Legislative proposal published
- COM(2010)0392 summary
  
  PURPOSE: to set common minimum standards as regards the right to information in criminal proceedings throughout the European Union.PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: this proposal is the second step in a series of measures in the Procedural Rights Roadmap, adopted in Council on 30 November 2009 inviting the Commission to put forward proposals on a step by step basis. It should therefore be considered as part of a comprehensive package of legislation to be presented over the next few years which will provide a minimum set of procedural rights in criminal proceedings in the European Union. The first step, on the right to interpretation and translation, is a Directive adopted on 8 October 2010.IMPACT ASSESSMENT: no impact assessment was carried out. LEGAL BASE: Article 82(2) of the Treaty on the Functioning of the European Union (TFEU).CONTENT: this proposal seeks to improve the rights of suspects. Having common minimum standards in relation to these rights should facilitate the application of the principle of mutual recognition, thereby improving the functioning of judicial cooperation between Member States of the EU. The main points are as follows:Objective: the Directive lays down rules concerning the right of suspected and accused persons to information about their rights and about the charge in criminal proceedings against them.Scope: the Directive applies from the time that a person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings (including any appeal). It does not, however, apply in proceedings conducted by administrative authorities in relation to the breach of competition legislation, whether national or European, unless the case is brought before a court having jurisdiction in criminal matters.European Arrest Warrant proceedings are explicitly covered. In this respect, the Directive makes applicable the procedural guarantees contained in Articles 47 and 48 of the Charter and Articles 5 and 6 ECHR to surrender proceedings based on a European Arrest Warrant.Right to information about rights: the proposal lays down the general principle that all suspected and accused persons in criminal proceedings should be informed about relevant procedural rights at the earliest possible moment in the proceedings. Such information should be given in simple and accessible language, orally or in writing. The proposal also sets out those minimum rights and Member States' obligations arising from the Charter, the ECHR, the ICCPR and applicable EU legislation, which are considered key to safeguarding the fairness of criminal proceedings at their outset.Right to written information about rights on arrest: the draft directive specifies Member States' general duty to inform suspected or accused persons about their procedural rights in cases where such persons are deprived of their liberty by Member States' competent authorities in the course of the criminal proceedings on suspicion of having committed a criminal offence (e.g. through arrest by the police and being placed in pre-trial detention on the order of a judge). Member States are required to inform these persons of their relevant rights in writing. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), has repeatedly stressed in its reports that, in its experience, the period immediately following deprivation of liberty is when the arrested person is considered to be most vulnerable in relation to risks of intimidation and physical ill-treatment. According to the CPT it is essential that a suspected or accused person is informed of his rights promptly, i.e. without delay after his arrest and in the most effective way which is by means of a form explaining the rights in a straightforward manner (Letter of Rights). In the light of recent European Court of Human Rights jurisprudence, Member States' competent authorities are required to ensure that the arrested person has a broad understanding of the information contained in the Letter of Rights. The arrested person must be allowed to keep the Letter of Rights throughout the time of his detention.The Letter of Rights should be drafted in language which is easily understood by a lay person without any knowledge of criminal procedure and should contain the information referred to in the draft directive. To promote consistency in the written information throughout the EU, Annex I to the Directive contains a model of the Letter of Rights which Member States may use. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the Commission and also once all the Roadmap measures have come into force. The content of the model does not prejudice rights that currently apply in Member States. The Letter of Rights has to be provided to the suspected or accused person in a language he understands. Police authorities are expected to keep language versions for all commonly spoken languages in their locality available in electronic form that can be printed as the need arises. When a given language version is not available, the suspected or accused person should be informed of their rights orally in a language they understand and the Letter of Rights should be given to them without undue delay (i.e. as soon as it becomes available after translation into the relevant language). For persons who are partially sighted or blind, or who cannot read, Member States must have a method of transmitting the information.The right to written information about rights in European Arrest Warrant proceedings: different rights apply to persons subject to a European Arrest Warrant (e.g. the right to a hearing). Member States should ensure that a specific version of the Letter of Rights exists for persons subject to those proceedings. Annex II to the Directive contains a model of the Letter of Rights which Member States may use. This model is indicative and may be subject to review. The content of the model does not prejudice rights that currently apply in Member States.The right to information about the charge: once a person has been charged with a criminal offence, he should be given sufficient information promptly, in detail and in a language he understands, to enable him to prepare his defence, and to challenge pre-trial decisions if necessary. This is a requirement under the Charter and the ECHR. The text sets out exactly what information must be given as a minimum requirement.The right to access to the case-file: the most effective way to provide a suspected or accused person with detailed information about the charge in order to allow him adequately to prepare his defence at trial is to give him or his lawyer access to the case-file. Recent research shows that in the large majority of Member States access to the case-file is already granted at some point in the criminal proceedings. The ECtHR has consistently ruled that, depending on the stage of criminal proceedings, Member States are required to disclose to the defence all material evidence for or against the accused and to provide the accused person's lawyer with access to relevant documents contained in the case-file.The draft directive provides that where a suspected or accused person is arrested in the course of criminal proceedings, access to those documents contained in the case-file which are relevant to the determination of the lawfulness of the detention by the competent judicial authority should be granted. This limited access to the case-file ensures the fairness of pre-trial proceedings concerning the lawfulness of arrest and detention. In considering what documents and information access is being granted to, Member States should pay particular attention to the protection of the effectiveness of Leniency Programmes that are used in investigations under criminal law into cartel behaviour.The text requires Member States to grant access to the case-file to all accused persons whether or not they are in custody, where the criminal investigation is concluded. Access to certain documents in the case-file may be excluded by a competent judicial authority where access to those documents may lead to serious risk to the life of another person or may seriously harm the internal security of the Member State in which the proceedings are taking place. Such limitation of access to the file is only to be used in exceptional circumstances. Access to the case-file should not be limited to a one-off inspection. If the accused person or his lawyer deems it necessary, further access should be granted. If a file is particularly voluminous or where the interests of justice so require it, the accused person should be provided with an index of the documents contained in the case-file to enable him to decide to which documents he wishes to be given access.Verification and remedies: in order to ensure that a suspected or accused person receives all the information to which he is entitled, Member States should establish a procedure to ascertain whether the person has received the information. This can be a form for the person to sign confirming that he has received the information or a note in the custody record.Training: Member States' police officers, prosecutors and judges should receive the necessary training to discharge adequately their duties arising from the directive. In particular, it is imperative that these officials have the requisite detailed knowledge of the procedural rights of suspected and accused persons in order to provide relevant and practically effective information on these rights.Non-regression clause: the aim is to ensure that setting common minimum standards in accordance with the Directive does not have the effect of lowering standards in certain Member States and that the standards set in the ECHR are maintained. Member States remain entirely free to set standards higher than those agreed in the Directive.Report: this must be submitted by the Commission 36 months after publication of the Directive. Annex I: this Annex contains an indicative model of the Letter of Rights to be provided to a suspected or accused person on arrest. The model Letter of Rights sets out an explanation in simple language of the immediately relevant minimum rights as listed in the Directive. Whilst there is no obligation on Member States to use the model, those that do will be presumed to have implemented the relevant article 4 of the Directive. Annex II: this Annex contains an indicative model of the Letter of Rights to be provided to a person arrested on the basis of a European Arrest Warrant. Whilst there is no obligation on Member States to use the model, those that do will be presumed to have implemented the relevant article of the Directive. BUDGETARY IMPLICATIONS: this proposal has no implications for the EU budget.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, REDING Viviane

Documents

Legislative proposal published: COM(2010)0392
Debate in Council: 3034
Debate in Council: 3043
Debate in Council: 3051
Committee report tabled for plenary, 1st reading/single reading: A7-0408/2011
Debate in Parliament: Debate in Parliament
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading/single reading: T7-0551/2011
: Directive 2012/13
: OJ L 142 01.06.2012, p. 0001

Amendments	Dossier
177	2010/0215(COD) 2011/01/12 JURI 58 amendments... Amendment 32 # Zbigniew ZIOBRO Proposal for a directive Recital -1 (new) (-1) The right to fair trial is a development of European legal culture and as such is enshrined in the Constitutions of the Member States. Amendment 33 # Zbigniew ZIOBRO Proposal for a directive Recital 18 (18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the ~~case-fil~~materials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rightsstemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals. (This amendment applies throughout the text.) Amendment 34 # Zbigniew ZIOBRO Proposal for a directive Recital 19 (19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. ~~To help Member States design such a Letter of Rights and to promote greater consistency between Member States, a~~A model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States. Amendment 35 # Zbigniew ZIOBRO Proposal for a directive Recital 21 (21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the case-file. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State. Access to the case-file during investigation may be also restricted where it is in the interest of the investigation. Amendment 36 # Zbigniew ZIOBRO Proposal for a directive Recital 24 (24) ~~In accordance with the United Nations Convention on the Rights of the Child, a~~A child means ~~every~~a person ~~below the age of 18 years. In all action relating to children, the child's best interests must be a primary consideration~~recognised as such by a Member State's criminal law. Amendment 37 # Arlene McCARTHY Proposal for a directive Recital 24 a (new) (24a) Article 3 of the ECHR obliges Member States to ensure that a person’s health and well-being are adequately secured, including by providing a person deprived of his or her liberty with medical assistance. Information on this right should therefore be provided on arrest. Amendment 38 # Zbigniew ZIOBRO Proposal for a directive Recital 25 (25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. ~~To help Member States design such a Letter of Rights and to promote greater coherence between Member States a~~A model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. Amendment 39 # Zbigniew ZIOBRO Proposal for a directive Recital 26 (26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection ~~in situations not explicitly dealt with in this Directive~~. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights. Amendment 40 # Arlene McCARTHY Proposal for a directive Article 3 – paragraph 2 – indent 1 – the right of access to a lawyer, ~~where necessary free of charge,~~ Amendment 41 # Arlene McCARTHY Proposal for a directive Article 3 – paragraph 2 – indent 1 a (new) - the conditions for obtaining access to a lawyer free of charge, Amendment 42 # Arlene McCARTHY Proposal for a directive Article 3 – paragraph 2 – indent 2 – the right to be informed of the charge and, where appropriate, to be given access to evidentiary materials of the case~~-file~~, Amendment 43 # Zbigniew ZIOBRO Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 shall include as a minimum, as provided for in European and national law: Amendment 44 # Arlene McCARTHY Proposal for a directive Article 3 – paragraph 2 – indent 4 a (new) - the right to remain silent, and any implications there may be in exercising this right under national law. Amendment 45 # Zbigniew ZIOBRO Proposal for a directive Article 4 – paragraph 1 1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights ~~and~~. He should also be allowed to keep it in his possession throughout the time he is deprived of his liberty, unless it is inappropriate for security reasons. Amendment 46 # Arlene McCARTHY Proposal for a directive Article 4 – paragraph 1 1. Where a person is arrested or detained by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his possession throughout the time he is deprived of his liberty. Amendment 47 # Arlene McCARTHY Proposal for a directive Article 4 – paragraph 2 2. The Letter of Rights shall be drafted in simple language and shall include at least that information referred to in Article 3(2) and in paragraph 2a of this Article. Annex I to this Directive contains an indicative model of such a Letter. Amendment 48 # Jan Philipp ALBRECHT Proposal for a directive Article 4 – paragraph 2 2. TWhe ~~Letter of Rights shall be drafted in simple language and shall include at least that information referred to in Article 3(2). Annex I to this Directive contains an indicative model of such a Letter~~re a person has been deprived of liberty, the Letter of Rights shall contain at least the elements set out in Annex I to this Directive. Amendment 49 # Arlene McCARTHY Proposal for a directive Article 4 – paragraph 2 a (new) 2a. In addition of to the information to be given under Article 3, the person arrested or detained shall be informed about the following: (a) for how many hours or days he or she may be deprived of liberty before being brought before a judicial authority; (b) how to challenge the arrest and how to obtain a review of his or her detention; (c) the maximum period of pre-trial detention applicable to his or her case; (d) the right to contact family, friends, and consular officials; (e) the right to medical care; (f) where applicable, the right to apply for supervision measures as an alternative to provisional detention. Amendment 50 # Arlene McCARTHY Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that, where the suspected or accused person does not speak or understand the language of the proceedings, he receives the Letter of Rights in a language he understands. Member States shall ensure that a mechanism is in place to convey the information to a suspected or accused person who is partially sighted or cannot read. Where the suspected or accused person is ~~a child~~vulnerable due to age, incapacity or any other reason, the information contained in the Letter of Rights shall also be provided orally in a manner adapted to the ~~child~~person's age, level of maturity and intellectual and emotional capacities. Amendment 51 # Arlene McCARTHY Proposal for a directive Article 4 – paragraph 4 4. ~~Where~~In the exceptional case that a Letter of Rights is not available in the appropriate language, the suspected or accused person shall be informed of his rights orally in a language he understands. A Letter of Rights in a language he understands shall then be given to him without undue delay. Amendment 52 # Jan Philipp ALBRECHT Proposal for a directive Article 5 Member States shall ensure that any person subject to proceedings for the execution of a European Arrest Warrant receives an appropriate Letter of Rights setting out all of the rights of that person as laid down in the Framework Decision 2002/584/JHA.~~. Annex II to this Directive~~ The Letter of Rights shall be drafted in simple language and shall contains a~~n indicative model of such Letter~~t least the elements set out in Annex II to this Directive. Amendment 53 # Arlene McCARTHY Proposal for a directive Article 6 – paragraph 2 2. The information required pursuant to paragraph 1 shall be delivered promptly and in detail and in a language that the suspected or accused person understands. In the case ~~of a child~~a person is vulnerable due to age, incapacity or any other reason, information about the charges shall be provided in a manner adapted to his or her age, level of maturity and intellectual and emotional capacities. Amendment 54 # Arlene McCARTHY Proposal for a directive Article 7 – title The right to access toevidentiary materials of the case~~-file~~ Amendment 55 # Zbigniew ZIOBRO Proposal for a directive Article 7 – paragraph 1 1. Where a suspected or accused person is arrested at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained in the case-file which are relevant for the determination of the lawfulness of the arrest or detention. Access to certain documents may be restricted if it is in the interest of the investigation. Amendment 56 # Arlene McCARTHY Proposal for a directive Article 7 – paragraph 1 1. Where a suspected or accused person is arrested or detained at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to ~~those~~ documents ~~contained in the case-file~~ which are relevant for the determination of the lawfulness of the arrest or detention. Amendment 57 # Arlene McCARTHY Proposal for a directive Article 7 – paragraph 2 2. Member States shall ensure that an accused person or his lawyer is granted access to the ~~case-fil~~evidentiary materials of the case once the investigation of the criminal offence is concluded. Access to certain documents ~~contained in the case-file~~ may be refused by a competent judicial authority where access to these documents may lead to serious risk to the life of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interests of justice, the accused person or his lawyer may request an index of the ~~documents contained in~~evidentiary materials of the case~~-file~~. Amendment 58 # Zbigniew ZIOBRO Proposal for a directive Article 7 – paragraph 3 3. Access to the case-file, or documents thereof, shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge. A fee covering administrative costs may be collected for providing copies of documents. Amendment 59 # Arlene McCARTHY Proposal for a directive Article 7 – paragraph 3 3. Access to the ~~case-fil~~evidentiary materials of the case shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge. Amendment 60 # Evelyn REGNER Proposal for a directive Article 7 – paragraph 3 a (new) 3a. Upon request, and on a fee-paying basis, a suspected or accused person or that person's lawyer who has been granted access to the case-file shall be given copies (photocopies or other reproductions). This shall not apply to audio or video recordings. Amendment 61 # Arlene McCARTHY Proposal for a directive Article 8 – title VRemedies, verification and ~~remedies~~custody record Amendment 62 # Arlene McCARTHY Proposal for a directive Article 8 – paragraph -1 (new) -1. Member States shall ensure that a suspected or accused person has the right to challenge, in accordance with procedures in national law, the possible failure or refusal of the competent authorities to provide the information required in accordance with the provisions of this Directive. Amendment 63 # Arlene McCARTHY Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that a procedure is in place to ascertain whether a suspected or accused person has received all information relevant to him in accordance with ~~Articles 3 to 7~~this directive. Amendment 64 # Arlene McCARTHY Proposal for a directive Article 8 – paragraph 1 a (new) 1a. Member States shall ensure that the competent authorities maintain a custody record concerning anyone arrested or detained. At a minimum this record shall include: - the reasons for arrest and detention - the information provided to the arrested or detained person concerning their rights including, where the notification of rights is made orally in accordance with Article 4(4), a record of the giving of a letter of rights that allows for verification of the content of the notification. Amendment 65 # Arlene McCARTHY Proposal for a directive Article 8 – paragraph 2 ~~2. Member States shall ensure that a suspected or accused person has an effective remedy in instances where he does not receive this information.~~deleted Amendment 66 # Arlene McCARTHY Proposal for a directive Article 8 – paragraph 3 ~~3. Where the notification of rights is made orally in accordance with Article 4(4), it shall be recorded in such a manner as to allow verification of the content of the notification.~~deleted Amendment 67 # Jan Philipp ALBRECHT Proposal for a directive Annex I – Title ~~Indicative m~~Model Letter of Rights for suspected and accused persons on arrest: Amendment 68 # Arlene McCARTHY Proposal for a directive Annex I – table – point C a (new) Ca. not to say anything when questioned Amendment 69 # Arlene McCARTHY Proposal for a directive Annex I – table – point D a (new) Da. to contact your family, friends, and consular officials Amendment 70 # Arlene McCARTHY Proposal for a directive Annex I – table – point D a (new) Da. to medical care Amendment 71 # Arlene McCARTHY Proposal for a directive Annex I – Title C – indent 4 a (new) - Without the assistance of an interpreter you shall not be asked to sign a document in a language you do not understand. Refusing to sign a document in a language you do not understand will not be held against you. Amendment 72 # Arlene McCARTHY Proposal for a directive Annex I – Title C a (new) Ca. The right not to say anything - you have the right not to say anything when questioned by police. Amendment 73 # Arlene McCARTHY Proposal for a directive Annex I – Title C b (new) Cb. Contacting friends, family, and consular authorities – You have the right to contact your friends and family, – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority can visit you and arrange for a lawyer to assist you. Amendment 74 # Jan Philipp ALBRECHT Proposal for a directive Annex II – Title ~~Indicative m~~Model Letter of Rights for persons arrested on the basis of a European Arrest Warrant: Amendment 75 # Arlene McCARTHY Proposal for a directive Annex II – table – point C a (new) Ca. to contact friends, family, and consular officials Amendment 76 # Arlene McCARTHY Proposal for a directive Annex II – table – point D D. to ~~be informed of your righ~~decide whether or not to agree to be surrendered under the European Arrest Warrant Amendment 77 # Arlene McCARTHY Proposal for a directive Annex II – table – point E a (new) Ea. to ongoing information and regular review of your detention Amendment 78 # Arlene McCARTHY Proposal for a directive Annex II – table – point F a (new) Fa. to medical care Amendment 79 # Arlene McCARTHY Proposal for a directive Annex II – Title A – You have a right to know ~~why you are sought by ano~~of what offence you are suspected or have been convicted in ther country which has requested your surrender. Amendment 80 # Arlene McCARTHY Proposal for a directive Annex II – Title A – indent 1 a (new) – You have a right to know the contents of the arrest warrant sent from the other country (European Arrest Warrant). Amendment 81 # Arlene McCARTHY Proposal for a directive Annex II – Title C – indent 4 a (new) – Without the assistance of an interpreter you shall not be asked to sign a document in a language you do not understand. Refusing to sign a document in a language you do not understand will not be held against you. Amendment 82 # Arlene McCARTHY Proposal for a directive Annex II – Title C a (new) Ca. Contacting friends, family, and consular authorities – You have the right to contact your friends and family, – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority can visit you and arrange for a lawyer to assist you. Amendment 83 # Arlene McCARTHY Proposal for a directive Annex II – Title D D. ~~Your right to agree to s~~Surrender Amendment 84 # Arlene McCARTHY Proposal for a directive Annex II – Title D – indent 1 – You have the right to decide whether or not to agree to being surrendered under a European Arrest Warrant. ~~This should speed the procedure up.~~ Amendment 85 # Arlene McCARTHY Proposal for a directive Annex II – Title D – indent 2 – If you agree to be surrendered, it may be difficult to change this decision at a later stage. You should speak to a lawyer before deciding whether or not to agree to surrender. There are particular grounds you can rely on to prevent surrender. A lawyer can assist you in deciding whether they apply in your case. Amendment 86 # Arlene McCARTHY Proposal for a directive Annex II – Title E a (new) Ea. Ongoing information and regular review of detention - you are entitled to ongoing information concerning the reasons for your detention and regular review of these reasons - If you are not released, you must be brought before a judge within [X] hours after you have been deprived of your liberty. Amendment 87 # Jan Philipp ALBRECHT Proposal for a directive Annex II – Title E – indent 1 ~~– If you do not consent to be sent to the Member State seeking you, you are entitled to go before a judge and to explain why you don't consent.~~deleted Amendment 88 # Arlene McCARTHY Proposal for a directive Annex II – Title E – indent 1 – If you do not ~~consent~~agree to be s~~ent to the Member State seeking you, you are entitled to go before a judge and to explain why you don't consent~~urrendered under a European Arrest Warrant you have the right to a hearing where the judge will decide whether the European Arrest Warrant has been correctly, legally and appropriately issued and whether you should be sent to the country which is seeking your surrender. Amendment 89 # Arlene McCARTHY Proposal for a directive Annex II – Title E – indent 1 a (new) - You have the right to be represented by a lawyer at this hearing. If you are not able to afford a lawyer, you must be provided with information about how to get legal assistance. source: PE-456.678 2011/01/13 LIBE 119 amendments... Amendment 100 # Jan Philipp ALBRECHT Proposal for a directive Article 6 – paragraph 3 a (new) (3a) The information provided under paragraph 3 shall be given orally and as soon as practicable in writing. Amendment 101 # Jan Philipp ALBRECHT Proposal for a directive Article 6 – paragraph 3 b (new) (3b) The duty to provide the information under paragraph 3 shall continue throughout the proceedings where new information becomes available. Amendment 102 # Elena Oana ANTONESCU Proposal for a directive Article 6 – paragraph 3 a (new) 3a. Member States shall ensure that a person who has been charged with a criminal offence is duly and fully informed of any changes in the accusation, including changes in the material facts. He or she shall be provided with adequate time and facilities to adapt his or her defence to them. Amendment 103 # Zbigniew ZIOBRO Proposal for a directive Article 7 – paragraph 1 1. Where a suspected or accused person is arrested at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained in the case-file which are relevant for the determination of the lawfulness of the arrest or detention. Access to certain documents may be restricted if it is in the interests of the investigation. Amendment 104 # Timothy KIRKHOPE Proposal for a directive Article 7 – paragraph 1 1. Where a suspected or accused person is arrested at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to th~~ose documents contained in~~e materials of the case~~-file~~, which are relevant for the determination of the lawfulness of the arrest or detention. However, it may be necessary to withhold certain materials which may compromise national security, the safety of persons involved in the investigation, or jeopardise another investigation. Amendment 105 # Baroness Sarah LUDFORD Proposal for a directive Article 7 – paragraph 1 1. Where a ~~suspected or accused~~ person is arrested and detained at any stage of the criminal proceedings, Member States shall ensure that ~~he or his lawyer is granted access to those documents contained in the case-file which are relevant for the determination of the lawfulness of the arrest or detention~~all information which relates to the specific case in the possession of the competent authorities and which is essential to effectively challenge the lawfulness of the arrest or detention under national law, is made available to the arrested person or his lawyer. Amendment 106 # Baroness Sarah LUDFORD Proposal for a directive Article 7 – paragraph 2 2. Member States shall ensure that an accused person or his lawyer is granted access to the case-file once the investigation of the criminal offence is concluded. Access to certain documents contained in the case-file may be refused by a competent judicial authority where access to these documents may lead to serious risk to the life of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interccess is granted at least to all material evidence in the possession of the competent authorities for or against the suspected or accused person to that person or his lawyer to safeguard the fairness of the proceedings and to prepare the defence. This shall include accests ~~of justice, the accused person or his lawyer may request an index of the documents contain~~to any new evidence or material facts which emerge during the proceed in ~~the case-file~~gs. Amendment 107 # Elena Oana ANTONESCU Proposal for a directive Article 7 – paragraph 2 2. Member States shall ensure that an accused person or his lawyer is granted access to the case-file once the investigation of the criminal offence is concluded. Access to certain documents contained in the case-file may be refused on the basis of a reasoned decision by a competent judicial authority where access to these documents may exceptionally lead to serious risk to the life or fundamental rights of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interests of justice, the accused person or his lawyer may request an index of the documents contained in the case-file. Amendment 108 # Timothy KIRKHOPE Proposal for a directive Article 7 – paragraph 2 2. Member States shall ensure that an accused person or his lawyer is granted access to the ~~case-fil~~materials of the case once the investigation of the criminal offence is concluded. Access to certain documents contained in the case-file may be refused by a competent judicial authority where access to these documents may lead to serious risk to the life of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interests of justice, the accused person or his lawyer may request an index of the ~~documents contained in~~materials of the case~~-file~~. Amendment 109 # Jan Philipp ALBRECHT Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Member States shall ensure that the limitations on the right of access to the case-file laid down in paragraph 2 do not in any way prejudice the accused persons' effective exercise of their right of defence. Amendment 110 # Jan Philipp ALBRECHT Proposal for a directive Article 7 – paragraph 2 b (new) 2b. Member States shall ensure that an effective remedy exists before an impartial tribunal to challenge the decision not to allow access to certain documents contained in the case-file. Amendment 111 # Zbigniew ZIOBRO Proposal for a directive Article 7 – paragraph 3 3. Access to the case-file, or documents therein, shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge. A fee covering administrative costs may be charged for providing copies of documents. Amendment 112 # Timothy KIRKHOPE Proposal for a directive Article 7 – paragraph 3 3. Access to the ~~case-fil~~materials of the case shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge. Amendment 113 # Baroness Sarah LUDFORD Proposal for a directive Article 7 – paragraph 3 a (new) 3a. By way of exception to paragraphs 2 and 3, provided that it does not prejudice the right to a fair trial, access to certain materials may be refused if it may lead to serious risk for the fundamental rights of another person or if it is strictly necessary to safeguard an important public interest, such as in the cases where it risks jeopardising an ongoing investigation, or where it may seriously harm the national security of the Member State in which the proceedings take place. These limitations should be interpreted strictly and in accordance with the principle of the right to a fair trial as provided for by the ECHR and interpreted by case-law of the European Court of Human Rights. Amendment 114 # Timothy KIRKHOPE Proposal for a directive Article 8 – paragraph 3 3. Where the notification of rights is made orally in accordance with Article 4(4), it shall be recorded in such a manner as to allow verification of the content of the notification where necessary. Amendment 115 # Elena Oana ANTONESCU Proposal for a directive Article 9 ~~Member States shall~~Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take concrete measures to ensure that relevant officials in police ~~and~~services, judicial ~~authorities~~staff involved in criminal proceedings, prosecutors and judges will receive appropriate training in relation to the obligations laid down in Articles 3 to 8. Member States shall ensure in particular that relevant officials have sufficient knowledge of the rights of suspected and accused persons as referred to in Article 3 in order to safeguard appropriate transmission of information on these rights. Amendment 116 # Elena Oana ANTONESCU Proposal for a directive Article 10 – paragraph 1 Nothing in this Directive shall be construed as limiting or derogating from any of the rights and procedural safeguards that ~~may b~~are ensured under the ECHR, the Charter, under the ICCPR and under other relevant provisions of international law or under the laws of any Member States which provide a higher level of protection. Amendment 117 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – title ~~Indicative m~~Model Letter of Rights for suspected and accused persons on arrest: Amendment 118 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – paragraph 2 – point B B. to the assistance of a lawyer. If you are not able to afford a lawyer, the police must provide you with information about how to get legal assistance. Amendment 119 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – paragraph 2 – point C a (new) Ca. not to say anything when questioned Amendment 120 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – paragraph 2 – point C b (new) Cb. to contact your family, friends, and consular officials Amendment 121 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – paragraph 2 – point D D. to know for how long you can be detained, to a regular review of your detention and to provisional release Amendment 122 # Elena Oana ANTONESCU Proposal for a directive Annex 1 – paragraph 2 – point D a (new) Da. the right to medical care Amendment 123 # Elena Oana ANTONESCU Proposal for a directive Annex 1 – paragraph 2 – point D b (new) Db. the right to contact a trusted person Amendment 124 # Elena Oana ANTONESCU Proposal for a directive Annex 1 – paragraph 2 – point D c (new) Dc. the right to consular assistance Amendment 125 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – part C – indent 4 a (new) – You may not be forced to sign any documents in a language which you do not understand. Refusing to do so will not be held against you. Amendment 126 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – part C a (new) Ca. The right not to say anything – You have the right not to say anything when questioned by the police. – The fact that you do not say anything may not be held against you. Amendment 127 # Jan Philipp ALBRECHT Proposal for a directive Annex 1 – part C b (new) Cb. Contacting friends, family and consular authorities – You have the right to contact your friends and family. – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority are entitled to visit you and arrange for a lawyer to assist you. Amendment 128 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – paragraph 1 ~~Indicative m~~Model Letter of Rights for persons arrested on the basis of a European Arrest Warrant: Amendment 129 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – paragraph 2 – point B B. to the assistance of a lawyer. If you are not able to afford a lawyer the police must provide you with information about how to get legal assistance Amendment 130 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – paragraph 2 – point D D. ~~to be informed of your righ~~not to agree to be surrendered to another country Amendment 131 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – paragraph 2 – point E a (new) Ea. to a regular review of your detention Amendment 132 # Elena Oana ANTONESCU Proposal for a directive Annex 2 – paragraph 2 – point F a (new) F a. the right to medical care Amendment 133 # Elena Oana ANTONESCU Proposal for a directive Annex 2 – paragraph 2 – point F b (new) F b. the right to contact a trusted person Amendment 134 # Elena Oana ANTONESCU Proposal for a directive Annex 2 – paragraph 2 – point F c (new) F c. the right to consular assistance Amendment 135 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part A – indent 1 – You have a right to know ~~why you are sought by ano~~of what offence you are suspected or have been convicted of in ther country which has requested your surrender. Amendment 136 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part A – indent 1 a (new) – You have a right to know the contents of the arrest warrant sent from the other country (European Arrest Warrant). Amendment 137 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part C – indent 4 a (new) – You may not be forced to sign any documents in a language which you do not understand. Refusing to do so will not be held against you. Amendment 138 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part D D. ~~Your right to agree to s~~Surrender Amendment 139 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part D – indent 1 – You ~~have the right~~do not have to agree to be~~ing~~ surrendered under a European Arrest Warrant. ~~This should speed the procedure up.~~ Amendment 140 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part D – indent 2 – If you agree to be surrendered, it may be difficult to change this decision at a later stage. You should speak to a lawyer before deciding whether or not to agree to surrender. There are particular grounds which you can rely on to prevent surrender. A lawyer can assist you in deciding whether they apply in your case. Amendment 141 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part E – indent 1 ~~– If you do not consent to be sent to the Member State seeking you, you are entitled to go before a judge and to explain why you don't consent.~~deleted Amendment 142 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part E – indent 1 a (new) – You have the right to a hearing where a judge will decide whether you should be sent to the country which is seeking your surrender. Amendment 143 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part E – indent 1 b (new) – You have the right to be represented by a lawyer at this hearing – if you are not able to afford a lawyer, you must be provided with information about how to get legal assistance. Amendment 144 # Jan Philipp ALBRECHT Proposal for a directive Annex 2 – part E a (new) E a. Review of detention – You have the right to a regular review of the reasons for your detention – If you are not released, you must be brought before a judge within [X] hours after you have been deprived of your liberty. Amendment 26 # Zbigniew ZIOBRO Proposal for a directive Recital -1 (new) (-1) The right to fair trial is a development of European legal culture and as such is enshrined in the constitutions of Member States. Amendment 27 # Jan Philipp ALBRECHT Proposal for a directive Recital 14 a (new) (14a) This Directive applies to suspected and accused persons on Union territory regardless of their legal status, citizenship or nationality. Amendment 28 # Baroness Sarah LUDFORD Proposal for a directive Recital 14 a (new) (14a) In some Member States, an authority other than a court having jurisdiction in criminal matters has competence for imposing sanctions in relation to relatively minor offences. That may be the case, for example, in relation to traffic offences which are committed on a large scale and which might be established following a traffic control. In such situations, it would be unreasonable to require that the competent authority ensures all the rights under this Directive. Where the law of a Member State provides for the imposition of a sanction regarding minor offences by such an authority and there is either a right of appeal or the possibility for the case to be otherwise referred to a court having jurisdiction in criminal matters, this Directive should therefore apply only to the proceedings before that court following such an appeal or referral. Amendment 29 # Zbigniew ZIOBRO Proposal for a directive Recital 17 a (new) (17a) Victims of crime have the right to receive information of relevance for the protection of their interests in accordance with Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings1. Their rights to compensation are provided for by Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims2. __________________ 1 OJ L 82, 22.3.2001, p. 1. 2 OJ L 261, 6.8.2004, p. 15. Amendment 30 # Timothy KIRKHOPE Proposal for a directive Recital 18 (18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the ~~case-fil~~materials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rights stemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals. Amendment 31 # Zbigniew ZIOBRO Proposal for a directive Recital 18 (18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the ~~case-fil~~materials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rights stemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals. (This amendment applies throughout the text.) Amendment 32 # Georgios PAPANIKOLAOU Proposal for a directive Recital 18 (18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the case-file, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. Access to the case-file could be facilitated by the development of e-justice, which would allow online access to the whole case-file. This development will lead to a reduction in the costs for judicial authorities of the Member States and for citizens who want to have in their possession copies of the crucial documents of the case-file. Finally, this will lead to a reduction in the risk of possible damage of the evidentiary material related to the case. This is without prejudice to information to be given on other procedural rights stemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals. Amendment 33 # Zbigniew ZIOBRO Proposal for a directive Recital 19 (19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. ~~To help Member States design such a Letter of Rights and to promote greater consistency between Member States, a~~A model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States. Amendment 34 # Timothy KIRKHOPE Proposal for a directive Recital 19 (19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. ~~To help Member States design such a Letter of Rights and to promote greater consistency between Member States, a~~A model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States. Amendment 35 # Timothy KIRKHOPE Proposal for a directive Recital 21 (21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the ~~case-fil~~materials of the case. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State. Amendment 36 # Zbigniew ZIOBRO Proposal for a directive Recital 21 (21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the ~~case-fil~~materials of the case. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State. Access to the materials of the case during investigation may also be restricted where it is in the interests of the investigation. Amendment 37 # Baroness Sarah LUDFORD Proposal for a directive Recital 21 a (new) (21a) The competent authority must make efforts to ensure, so far as practicable, that the suspected or accused person understands the rights which have been explained to him. Amendment 38 # Elena Oana ANTONESCU Proposal for a directive Recital 23 (23) A~~dequat~~ppropriate and effective training on procedural rights of suspected and accused persons should be provided to the relevant officials in Member States. Amendment 39 # Zbigniew ZIOBRO Proposal for a directive Recital 24 (24) In accordance with the United Nations Convention on the Rights of the Child, a child means every person below the age of 18 years. In all action relating to children, the child's best interests must be a primary considerationA child means a person recognised as a child by the criminal law of the Member States. Amendment 40 # Timothy KIRKHOPE Proposal for a directive Recital 24 (24) In accordance with the United Nations Convention on the Rights of the Child, a ~~child means every person below the age of 18 years. I~~nd with all relevant laws of the Member States, in all action relating to children, the child's best interests must be a primary consideration. Amendment 41 # Georgios PAPANIKOLAOU Proposal for a directive Recital 24 (24) In accordance with the United Nations Convention on the Rights of the Child, a child means every person below the age of 18 years. In all action relating to children, the child's best interests must be a primary consideration. Children who are suspected or accused of having committed a criminal offence need specific protection due to their vulnerability on the grounds of age and should receive detailed information in simple and accessible language regarding the charges against them in accordance with their age and their level of maturity. Amendment 42 # Zbigniew ZIOBRO Proposal for a directive Recital 25 (25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. ~~To help Member States design such a Letter of Rights and to promote greater coherence between Member States a~~A model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. Amendment 43 # Timothy KIRKHOPE Proposal for a directive Recital 25 (25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. ~~To help Member States design such a Letter of Rights and to promote greater coherence between Member States a~~A model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. Amendment 44 # Zbigniew ZIOBRO Proposal for a directive Recital 26 (26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection ~~in situations not explicitly dealt with in this Directive~~. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights. Amendment 45 # Timothy KIRKHOPE Proposal for a directive Recital 26 (26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection ~~in situations not explicitly dealt with in this Directive~~. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights. Amendment 46 # Baroness Sarah LUDFORD Proposal for a directive Recital 31 a (new) (31a) This Directive should be evaluated in the light of the practical experience gained. If appropriate, it should be amended so as to improve the safeguards which it lays down, Amendment 47 # Jan Philipp ALBRECHT Proposal for a directive Article 2 – paragraph 1 1. This Directive applies from the time a person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he or she is suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence, including, where applicable, sentencing and the resolution of any appeal. (the change from "he" to "he or she", from "him" to "him or her" and from "his" to "his or her" should be made throughout the text) Amendment 48 # Baroness Sarah LUDFORD Proposal for a directive Article 2 – paragraph 1 a (new) 1a. "Competent authorities" shall include, but not be limited to, police and other investigatory authorities, prosecutors, magistrates and judges. Amendment 49 # Jan Philipp ALBRECHT Proposal for a directive Article 2 – paragraph 1 a (new) 1a. "Competent authorities" shall include, but not be limited to, police and investigatory authorities, prosecutors, magistrates and judges. Amendment 50 # Jan Philipp ALBRECHT Proposal for a directive Article 2 – paragraph 1 b (new) 1b. "Accusation" shall at least cover the situations in which a person is charged with a criminal offence in accordance with Article 6 ECHR as interpreted by the European Court of Human Rights. Amendment 51 # Jan Philipp ALBRECHT Proposal for a directive Article 2 – paragraph 1 c (new) 1c. "Evidentiary material related to the case" shall at least cover the right to have access to the case file. Amendment 52 # Elena Oana ANTONESCU Proposal for a directive Article 2 – paragraph 1 a (new) 1a. "Competent authorities" shall include, but not be limited to police and investigatory authorities, prosecutors, magistrates and judges. Amendment 53 # Baroness Sarah LUDFORD Proposal for a directive Article 2 – paragraph 2 a (new) 2a. Where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, this Directive shall apply only to the proceedings before that court following such an appeal. Amendment 54 # Axel VOSS, Rainer WIELAND Proposal for a directive Article 2 – paragraph 2 a (new) 2a. For the purposes of this directive, the term ‘child’ shall mean any person under the age of 18. Amendment 55 # Baroness Sarah LUDFORD Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided promptly with information on his procedural rights in simple and accessible language. That information shall be provided at the point when those rights become applicable, and in any event before questioning by law enforcement authorities, in due time to allow their effective exercise. Amendment 56 # Jan Philipp ALBRECHT Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided ~~promptly~~as soon as practicable and in any event before questioning takes place with information on his procedural rights both orally and in writing and in simple and accessible language. Amendment 57 # Axel VOSS, Rainer WIELAND Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided promptly with information on his procedural rights in simple and accessible language, either orally or in writing. Amendment 58 # Elena Oana ANTONESCU Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided ~~promptly~~as soon as is practicable and in any event before questioning begins with information on his procedural rights in simple and accessible language. Amendment 59 # Jan Philipp ALBRECHT Proposal for a directive Article 3 – paragraph 1 a (new) 1a. The competent authorities shall take steps to ensure that the suspected or accused person understands the information provided. If there is a possibility that the suspected or accused persons may be vulnerable due to age, language, incapacity or any other reason, police officers must take further steps to ensure that they understand their rights. Where such further steps require the assistance of a qualified interpreter in accordance with Directive 2010/64/EU or a responsible adult in the case of a child or less able person, the competent authority shall also inform the interpreter or responsible adult of the rights so that they can explain them to the suspected or accused person. The suspected or accused person shall be asked to confirm in writing that he has understood what his rights are. Amendment 60 # Axel VOSS, Rainer WIELAND Proposal for a directive Article 3 – paragraph 2 2. The information referred to in paragraph 1 shall include as a minimum: – the right ~~of access to a lawyer, where necessary~~to interpreting and translation, – the right of access to legal assistance and the conditions for access to legal assistance free of charge, – the right to be informed of the charge ~~and, where appropriate,~~, – the right to be given access to the case- file~~, – the right to interpretation and translation~~ and to the evidence, including evidence held by the authorities, insofar as this does not compromise investigations, – the right to remain silent, – the right to request the collection of evidence, – the right to be brought promptly before a court if the suspected or accused person is arrested. Amendment 61 # Baroness Sarah LUDFORD Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 shall include as a minimum, as they apply under national law: Amendment 62 # Baroness Sarah LUDFORD Proposal for a directive Article 3 – paragraph 2 – indent 1 a (new) – any entitlement to legal advice free of charge and the conditions for obtaining it, Amendment 63 # Timothy KIRKHOPE Proposal for a directive Article 3 – paragraph 2 – indent 2 – the right to be informed of the charge and, where appropriate, to be given access to the ~~case-fil~~materials of the case, Amendment 64 # Baroness Sarah LUDFORD Proposal for a directive Article 3 – paragraph 2 – indent 4 ~~– the right to be brought promptly before a court if the suspected or accused person is arres~~deleted. Amendment 65 # Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST Proposal for a directive Article 3 – paragraph 2 – indent 4 – the right to be brought promptly before a court if the suspected or accused person is arrested., allowing for the time necessary for that person to prepare his/her defence, Amendment 66 # Elena Oana ANTONESCU Proposal for a directive Article 3 – paragraph 2 – indent 4 a (new) – the right to medical care, Amendment 67 # Elena Oana ANTONESCU Proposal for a directive Article 3 – paragraph 2 – indent 4 b (new) – the right to consular assistance, Amendment 68 # Elena Oana ANTONESCU Proposal for a directive Article 3 – paragraph 2 – indent 4 c (new) – the right to contact a trusted person, Amendment 69 # Jan Philipp ALBRECHT Proposal for a directive Article 3 – paragraph 2 – indent 4 a (new) – the right to remain silent, Amendment 70 # Jan Philipp ALBRECHT Proposal for a directive Article 3 – paragraph 2 – indent 4 b (new) – the right to maintain contact with family or friends or with consular officials, Amendment 71 # Jan Philipp ALBRECHT Proposal for a directive Article 3 – paragraph 2 – indent 4 c (new) – the right to apply for provisional release, where applicable, in accordance with Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention1. 1 OJ L 294, 11.11.2009, p. 20. Amendment 72 # Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST Proposal for a directive Article 3 – paragraph 2 – indent 4 a (new) – the right to contact a trusted person or a consular official if the suspected or accused person is deprived of his/her liberty, Amendment 73 # Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST Proposal for a directive Article 3 – paragraph 2 – indent 4 b (new) – the right to medical care if the suspected or accused person is deprived of his/her liberty, Amendment 74 # Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST Proposal for a directive Article 3 – paragraph 2 – indent 4 c (new) – the right to bail if the suspected or accused person is deprived of his/her liberty, Amendment 75 # Zbigniew ZIOBRO Proposal for a directive Article 3 – paragraph 2 – indent 4 a (new) – as provided for in Union and national law. Amendment 76 # Baroness Sarah LUDFORD Proposal for a directive Article 4 – paragraph 1 1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed, save in exceptional circumstances, to keep it in his possession throughout the time he is deprived of his liberty. Amendment 77 # Jan Philipp ALBRECHT Proposal for a directive Article 4 – paragraph 1 1. Where a person is ~~arrested by the competent~~deprived of liberty by the authorities of a Member State in the course of criminal proceedings, he/she shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He/she shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his/her possession throughout the time during which he/she is deprived of his/her liberty. This provision shall apply to all cases where persons are deprived of liberty by public authorities. Amendment 78 # Zbigniew ZIOBRO Proposal for a directive Article 4 – paragraph 1 1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights ~~and~~. He shall also be allowed to keep it in his possession throughout the time he is deprived of his liberty, unless it is inappropriate for security reasons. Amendment 79 # Timothy KIRKHOPE Proposal for a directive Article 4 – paragraph 1 1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his possession throughout the time he is deprived of his liberty, unless deemed inappropriate for security reasons or reasons of personal safety. Amendment 80 # Georgios PAPANIKOLAOU Proposal for a directive Article 4 – paragraph 1 1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his possession throughout the time he is deprived of his liberty. Access to the case-file could be facilitated by the development of e-justice, which would allow online access to the whole case-file. Amendment 81 # Baroness Sarah LUDFORD Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that when a person is arrested, the Letter of Rights should also contain information on the maximum length of deprivation of liberty before being brought before a judicial authority after arrest, on rights to contact a family member or other trusted person and on entitlement to medical care, as they apply in national law. Amendment 82 # Axel VOSS, Rainer WIELAND Proposal for a directive Article 4 – paragraph 2 – subparagraph 1 a (new) In addition to the information to be given under Article 3(2), the person deprived of liberty shall be informed of the following: a) for how many hours/days he or she may be deprived of liberty before being brought before a judicial authority; b) how to challenge the arrest and how to secure a review of his or her detention; c) the maximum period he or she may legally be held in pre-trial detention. Amendment 83 # Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST Proposal for a directive Article 4 – paragraph 2 a (new) 2a. In addition to the information to be given under Article 3, the person deprived of liberty shall be informed of the following: (a) for how many hours or days he or she may be deprived of liberty before being brought before a judicial authority; (b) how to challenge the arrest and how to secure a review of his or her detention, including the time limits for doing so provided under national law; (c) the maximum period of pre-trial detention applicable in his or her case. Amendment 84 # Timothy KIRKHOPE Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that, where the suspected or accused person does not speak or understand the language of the proceedings, he receives the Letter of Rights in a language he understands. Member States shall ensure that a mechanism is in place to convey the information to a suspected or accused person who is partially sighted or cannot read or has difficulty with literacy. Where the suspected or accused person is a child, the information contained in the Letter of Rights shall also be provided orally in a manner adapted to the child's age, level of maturity and intellectual and emotional capacities. Amendment 85 # Baroness Sarah LUDFORD Proposal for a directive Article 4 – paragraph 3 a (new) 3a. Member States shall ensure that all translations of the Letter of Rights meet the quality required under Directive 2010/64/EU. Amendment 86 # Baroness Sarah LUDFORD Proposal for a directive Article 4 – paragraph 4 4. Where a Letter of Rights is not available in the appropriate language, the suspected or accused person shall be informed of his rights orally in a language he understands and shall have the right, where necessary, to interpretation which meets the quality requirements under Directive 2010/64/EU. A Letter of Rights in a language he understands shall then be given to him without undue delay. Amendment 87 # Jan Philipp ALBRECHT Proposal for a directive Article 5 Member States shall ensure that any person subject to proceedings for the execution of a European Arrest Warrant receives an appropriate Letter of Rights setting out all of the rights of that person as laid down in the Framework Decision 2002/584/JHA. ~~Annex II to this Directive~~The Letter of Rights shall be drafted in simple language and shall contains a~~n indicative model of such Letter~~t least the elements set out in Annex II to this Directive. Amendment 88 # Elena Oana ANTONESCU Proposal for a directive Article 5 Member States shall ensure that any person subject to proceedings for the execution of a European Arrest Warrant receives an appropriate Letter of Rights setting out all the rights of that person as laid down in the Framework Decision 2002/584/JHA. Annex II to this Directive contains an indicative model of such Letter. Amendment 89 # Birgit SIPPEL Proposal for a directive Article 6 The right to information about the charge 1. Member States shall ensure that a suspected or accused person is provided with sufficient information about the charge to safeguard the fairness of the criminal proceedings. 2. The information required pursuant to paragraph 1 shall be delivered promptly and in detail and in a language that the suspected or accused person understands. In the case of a child, information about the charges shall be provided in a manner adapted to his age, level of maturity and intellectual and emotional capacities. 3. The information to be given shall include: (a) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the suspected or accused person and (b) the nature and legal classification of the offence.Article 6 deleted Amendment 90 # Baroness Sarah LUDFORD Proposal for a directive Article 6 – title The right to information about the ~~charge~~alleged criminal act Amendment 91 # Axel VOSS, Rainer WIELAND Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that a suspected or accused person is provided with sufficient information about the charge to ~~safeguard the fairness of the criminal proceedings~~effectively exercise his or her right of defence. Amendment 92 # Jan Philipp ALBRECHT Proposal for a directive Article 6 – paragraph 2 2. The information required pursuant to paragraph 1 shall be delivered ~~promptly~~on arrest and in detail and in a language that the suspected or accused person understands. In the case of a vulnerable person or child, information about the charges shall be provided in a manner adapted to his or her age, language, level of maturity and intellectual and emotional capacities. Amendment 93 # Elena Oana ANTONESCU Proposal for a directive Article 6 – paragraph 2 2. The information required pursuant to paragraph 1 shall be delivered promptly and in any event in sufficient time to enable the person concerned to prepare their defence. It is to be provided in detail and in a language that the suspected or accused person understands. In the case of a child, information about the charges shall be provided in a manner adapted to his age, level of maturity and intellectual and emotional capacities. Amendment 94 # Axel VOSS, Rainer WIELAND Proposal for a directive Article 6 – paragraph 2 2. The information required pursuant to paragraph 1 shall be delivered ~~promptly and in detail and~~ in a language that the suspected or accused person understands. In the case of a child or a person with a mental disability, information about the ~~charges~~accusation shall be provided in a manner a~~dap~~ppropriated to his age, level of maturity and intellectual and emotional capacbilities. Amendment 95 # Baroness Sarah LUDFORD Proposal for a directive Article 6 – paragraph 3 – introductory part 3. The information ~~to be given~~referred to in paragraph 1 shall be provided in detail and at the latest upon submission of the merits of the accusation to the judgment of a court and shall include: Amendment 96 # Axel VOSS, Rainer WIELAND Proposal for a directive Article 6 – paragraph 3 3. The information ~~to be given~~ shall include~~: (a)~~, at least, a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the suspected or accused person ~~and (b) the nature and legal classification of the offence~~. Amendment 97 # Baroness Sarah LUDFORD Proposal for a directive Article 6 – paragraph 3 – point a (a) a description of the ~~circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the suspected or accused person~~acts which the suspected or accused person is alleged to have committed, including time and place and Amendment 98 # Baroness Sarah LUDFORD Proposal for a directive Article 6 – paragraph 3 – point b (b) the nature ~~and~~of the offence, including its legal classification ~~of the offence.~~, Amendment 99 # Baroness Sarah LUDFORD Proposal for a directive Article 6 – paragraph 3 – point b a (new) (ba) any change in the nature of the offence, including its legal classification, source: PE-454.671

Amendments

Dossier

177

2010/0215(COD)

2011/01/12 JURI 58 amendments...

Amendment 32 #

Zbigniew ZIOBRO

Proposal for a directive
Recital -1 (new)

(-1) The right to fair trial is a development of European legal culture and as such is enshrined in the Constitutions of the Member States.

Amendment 33 #

Zbigniew ZIOBRO

Proposal for a directive
Recital 18

(18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the ~~case-fil~~materials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rightsstemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals. (This amendment applies throughout the text.)

Amendment 34 #

Zbigniew ZIOBRO

Proposal for a directive
Recital 19

(19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. ~~To help Member States design such a Letter of Rights and to promote greater consistency between Member States, a~~A model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States.

Amendment 35 #

Zbigniew ZIOBRO

Proposal for a directive
Recital 21

(21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the case-file. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State. Access to the case-file during investigation may be also restricted where it is in the interest of the investigation.

Amendment 36 #

Zbigniew ZIOBRO

Proposal for a directive
Recital 24

(24) ~~In accordance with the United Nations Convention on the Rights of the Child, a~~A child means ~~every~~a person ~~below the age of 18 years. In all action relating to children, the child's best interests must be a primary consideration~~recognised as such by a Member State's criminal law.

Amendment 37 #

Arlene McCARTHY

Proposal for a directive
Recital 24 a (new)

(24a) Article 3 of the ECHR obliges Member States to ensure that a person’s health and well-being are adequately secured, including by providing a person deprived of his or her liberty with medical assistance. Information on this right should therefore be provided on arrest.

Amendment 38 #

Zbigniew ZIOBRO

Proposal for a directive
Recital 25

(25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. ~~To help Member States design such a Letter of Rights and to promote greater coherence between Member States a~~A model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force.

Amendment 39 #

Zbigniew ZIOBRO

Proposal for a directive
Recital 26

(26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection ~~in situations not explicitly dealt with in this Directive~~. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights.

Amendment 40 #

Arlene McCARTHY

Proposal for a directive
Article 3 – paragraph 2 – indent 1

– the right of access to a lawyer, ~~where necessary free of charge,~~

Amendment 41 #

Arlene McCARTHY

Proposal for a directive
Article 3 – paragraph 2 – indent 1 a (new)

- the conditions for obtaining access to a lawyer free of charge,

Amendment 42 #

Arlene McCARTHY

Proposal for a directive
Article 3 – paragraph 2 – indent 2

– the right to be informed of the charge and, where appropriate, to be given access to evidentiary materials of the case~~-file~~,

Amendment 43 #

Zbigniew ZIOBRO

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include as a minimum, as provided for in European and national law:

Amendment 44 #

Arlene McCARTHY

Proposal for a directive
Article 3 – paragraph 2 – indent 4 a (new)

- the right to remain silent, and any implications there may be in exercising this right under national law.

Amendment 45 #

Zbigniew ZIOBRO

Proposal for a directive
Article 4 – paragraph 1

1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights ~~and~~. He should also be allowed to keep it in his possession throughout the time he is deprived of his liberty, unless it is inappropriate for security reasons.

Amendment 46 #

Arlene McCARTHY

Proposal for a directive
Article 4 – paragraph 1

1. Where a person is arrested or detained by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his possession throughout the time he is deprived of his liberty.

Amendment 47 #

Arlene McCARTHY

Proposal for a directive
Article 4 – paragraph 2

2. The Letter of Rights shall be drafted in simple language and shall include at least that information referred to in Article 3(2) and in paragraph 2a of this Article. Annex I to this Directive contains an indicative model of such a Letter.

Amendment 48 #

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links/European Commission/title	Old PreLex New EUR-Lex
procedure/subject/0	Old 1.10 Fundamental rights in the Union, Charter New 1.10 Fundamental rights in the EU, Charter

activities	date: 2010-07-20T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0392/COM_COM(2010)0392_EN.pdf title: COM(2010)0392 type: Legislative proposal published celexid: CELEX:52010PC0392:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane date: 2010-09-07T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: JURI date: 2010-10-27T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: ALBRECHT Jan Philipp body: EP shadows: group: PPE name: ANTONESCU Elena Oana group: ALDE name: LUDFORD Baroness Sarah group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2010-10-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: SIPPEL Birgit body: CSL meeting_id: 3034 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3034&MEET_DATE=07/10/2010 type: Debate in Council title: 3034 council: Justice and Home Affairs (JHA) date: 2010-10-07T00:00:00 type: Council Meeting body: CSL meeting_id: 3043 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3043&MEET_DATE=08/11/2010 type: Debate in Council title: 3043 council: Justice and Home Affairs (JHA) date: 2010-11-08T00:00:00 type: Council Meeting body: CSL meeting_id: 3051 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3051*&MEET_DATE=02/12/2010 type: Debate in Council title: 3051 council: Justice and Home Affairs (JHA) date: 2010-12-02T00:00:00 type: Council Meeting date: 2011-11-23T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: JURI date: 2010-10-27T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: ALBRECHT Jan Philipp body: EP shadows: group: PPE name: ANTONESCU Elena Oana group: ALDE name: LUDFORD Baroness Sarah group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2010-10-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: SIPPEL Birgit body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-408&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0408/2011 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: JURI date: 2010-10-27T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: ALBRECHT Jan Philipp body: EP shadows: group: PPE name: ANTONESCU Elena Oana group: ALDE name: LUDFORD Baroness Sarah group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2010-10-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: SIPPEL Birgit date: 2011-11-25T00:00:00 date: 2011-12-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111212&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2011-12-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20910&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-551 type: Decision by Parliament, 1st reading/single reading title: T7-0551/2011 body: EP type: Results of vote in Parliament date: 2012-04-26T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 3161 date: 2012-04-26T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading date: 2012-05-22T00:00:00 body: CSL type: Final act signed date: 2012-05-22T00:00:00 body: EP type: End of procedure in Parliament date: 2012-06-01T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0013 title: Directive 2012/13 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:142:TOC title: OJ L 142 01.06.2012, p. 0001
committees	body: EP responsible: False committee: JURI date: 2010-10-27T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: ALBRECHT Jan Philipp body: EP shadows: group: PPE name: ANTONESCU Elena Oana group: ALDE name: LUDFORD Baroness Sarah group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: TRIANTAPHYLLIDES Kyriacos responsible: True committee: LIBE date: 2010-10-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: SIPPEL Birgit
links	National parliaments url: http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2010&number=0215&appLng=EN title: IPEX European Commission url: http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2010&DocNum=0215 title: PreLex
other	body: CSL type: Council Meeting council: Former Council configuration body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure	dossier_of_the_committee LIBE/7/03510 reference 2010/0215(COD) subtype Legislation legal_basis Treaty on the Functioning of the EU TFEU 082-p2 stage_reached Procedure completed instrument Directive Modified legal basis Rules of Procedure of the European Parliament EP 150 title Judicial cooperation in criminal matters: right to information in criminal proceedings type COD - Ordinary legislative procedure (ex-codecision procedure) final url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0013 title: Directive 2012/13 subject 1.10 Fundamental rights in the Union, Charter 7.40 Judicial cooperation 7.40.04 Judicial cooperation in criminal matters

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