The European Arrest Warrant Project of the European Criminal Bar Association The Role of the Defence The Hague, 16 th June 2006

ECBA-EAW Project (1) Aim of the project: to provide criminal defence lawyers who are faced with a surrender case with practical and practice based information about the EAW Aim of the project: to provide criminal defence lawyers who are faced with a surrender case with practical and practice based information about the EAW –Basic Criminal Procedural Law –Case Law No overlap other consortium activities No overlap other consortium activities

ECBA-EAW Project (2) Methods: Methods: –Network of correspondents –Questionnaires –Expert meetings Research results Research results

Basic Criminal Procedural Law (BCPL) I. Representation by foreign lawyers II. Period of pre-trial detention in EAW surrender proceedings

I. Representation by a foreign lawyer EU directive (art. 4,5,7 & 8) EU directive (art. 4,5,7 & 8) Differences from the EU directive Differences from the EU directive –Belgium, France and Hungary have no specific regulations on this topic (yet) –Germany: cooperation with national counsel is obligatory; contact with client must go through German lawyer –Italy and Latvia: representation by a foreign lawyer is not possible for indigent suspects –In Slovenia it is not possible at all to be represented by a foreign lawyer

II. Pre-trial detention in surrender proceedings Maximum of 1 year EE Maximum of 6 months AT, DE, LT Maximum of 3 (to 5) months BE (100 days), SI Maximum of 75 days FR (72), HU (70) Maximum of 60 days IE, IT, NL, PL Maximum of 40 days LV Maximum of 21 days UK Maximum of 3 days FI, ES

Case-law Case reports on the contents of a EAW Case reports on the contents of a EAW –Different decisions on similar topics Holland-Belgium Holland-Belgium –EAW for prosecution and trial rather than for investigation purposes Ireland Ireland