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Comparative research of the EU Agency for Fundamental Rights on the right to interpretation & translation and the right to information in criminal proceedings in the EU (INFOCRIM project) Alice Hamilton EU Agency for Fundamental Rights (FRA) 20 March 2015
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2 FRA’s role and tasks Independent, evidence-based advice: assistance and expertise on fundamental rights issues to EU institutions and EU Member States when they implement EU law Information & data collection: socio- legal research & comparative analysis promote dialogue with civil society to raise public awareness of rights and actively disseminate information about its work (Council Regulation (EC) 168/2007 of 15 /02/2007)
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3 MB Chairperson & Vice-Chairperson + 2 other MB members + 1 COM member + CoE member may participate Selected through open call for applications Management Board Planning and Monitoring, 1/MS + 1CoE + 2 COM Executive Board Prepares decisions by MB, advises Director Director Appointed by MB Implements tasks & manages staff Fundamental Rights Platform Civil society representatives (links with over 300 organisations) Scientific Committee 11 independent members appointed by MB National Liaison Officers 28, respective MS appoints
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4 EU Member States EU institutions, bodies, offices, agencies ASSISTANCE AND EXPERTISE - evidence-based advice - UN, OSCE/ODIHR, IGOs Council of Europe EU bodies, offices and agencies Cooperation Member State governments National human rights bodies Civil society / Fundamental Rights Platform Public awareness raising Cooperation bodies, offices, agencies of the Member States Evidence gathering Evidence gathering / Data collection Mapping policy needs - problem identification (with important input from stakeholders) Analysis/ Opinions (again, input and advice from stakeholders) Project formulation
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5 http://fra.europa.eu/en/publications-and- resources/publications Comparative reports, surveys, focus papers, handbooks for legal practitioners, opinions, online data & maps, infographics FRA’s evidence-based advice
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6 d) Roma integration f) Rights of the child b) Victims of crime, including compensation to victims a) Access to justice e) Judicial cooperation, except in criminal matters EU Treaties Council Reg. 168/2007 15 Feb 2007 (FRA) MAF: Multi-annual Framework (2013-2017) 9 Thematic Areas i) Racism, xenophobia & related intolerance g) Discrimination on all grounds h) immigration, visa and border control and asylum c) Information society, private life and personal data
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7 Cross-cutting Justice Equality Freedoms AWP 2016AWP 2014AWP 2015 Severe forms of labour exploit. Biometric data in large databases HBon data protection Surveying LGBT – local authorities Children and justice Fundamental rights survey Antisemitism: data, training, etc Roma Annual Reports FRA conferences Stakeholder, communication, etc Inter-Agency: Borders, asylum, etc Rights of persons with disabilities HB on rights of the child Bodies (MB, SC, etc) Monitoring and evaluation Additional activities for all areas Complimentary data collection Severe forms of labour exploit. Inter-Agency: Borders, asylum, etc Biometric data in large databases Antisemitism: data, training, etc Surveying LGBT – local authorities Rights of persons with disabilities Children and justice Roma HB on rights of the child Violence against women C.L.A.R.I.T.Y. Fundamental rights survey HB on access to justice Rights of victims of crime – A2J Improving access to justice Additional activities for all areas Free movement Violence against women Freedom to conduct business C.L.A.R.I.T.Y. Victim support services Annual Reports FRA conferences Stakeholder, communication, etc Bodies (MB, SC, etc) Monitoring and evaluation Complimentary data collection Severe forms of labour exploit. Annual Reports Fundamental Rights Conference FRA Europe Day-Symposium Stakeholder, communication, etc Inter-Agency: Borders, asylum, etc Bodies (MB, SC, etc) Monitoring and evaluation Complimentary data collection Biometric data in large databases Antisemitism: data, training, etc Surveying LGBT – local authorities Rights of persons with disabilities Child well-being and poverty Roma HB on non-discrimination (update) C.L.A.R.I.T.Y. Fundamental rights survey HB on access to justice Rights of victims of crime – A2J Improving access to justice Free movement EU MIDIS II Additional activities for all areas Intelligence and surveillance EU-MIDIS II Rights of victims of crime – A2J Rights in criminal procedures Social inclusion, migrant particip. Intelligence and surveillance WG on hate crime Handbook on rights of the child Prisons and detentions Rights in criminal procedures AWP 2013 Severe forms of labour exploit. (e) S’Cool agenda Data protection, redress Private v. Public – digital era Handbook on data protection LGBT (indicators) Violence against women Children and justice Freedom to conduct business C.L.A.R.I.T.Y. Victim support services Joined-up governance Survey of Jews Roma Annual Reports Fundamental Rights Conference FRA Europe Day-Symposium Stakeholder, communication, etc Inter-Agency: Borders, asylum, etc LGBT (survey) Children with disabilities Disability indicators Bodies (MB, SC, etc) Monitoring and evaluation Complimentary data collection Prisons and detentions FRA’S projects (annual work programmes) 2013-2016 Rights in criminal procedures
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9 INFOCRIM project: -Identify and analyse practical barriers and opportunities to effective implementation of the directives; -Highlight best practices; -Identify key recommendations for further action at the EU and national levels. http://fra.europa.eu/en/project/2015/right- interpretation-and-translation-and-right-information- criminal-proceedings-eu http://fra.europa.eu/en/project/2015/right- interpretation-and-translation-and-right-information- criminal-proceedings-eu FRA requested by the European Commission to look at specific rights under the two directives adopted under the Criminal Procedures Roadmap (measures A & B, both of which should by now be transposed)
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10 INFOCRIM project looks at: Issues with direct relevance for enjoyment of access to justice use of communication technologies/e- tools complaint mechanisms … practices to accommodate needs of vulnerable suspects/accused procedural safeguards
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11 Methodology: Mainly desk research, but certain information will be cross- checked with relevant authorities; legal practitioners and civil society FRANET: multidisciplinary research network composed of contractors in each EU MS who provide relevant data to FRA to facilitate the Agency’s comparative analyses. http://fra.europa.eu/en/research/franet
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12 Project timeline (2014-2016): Nov 2014: project initiated December 2014– May 2015: research across EU-28 – country reports and promising practices June 2015 – September 2015: Evaluation and analysis of results September 2015 - December 2015: drafting of overall comparative report and key findings Late 2015: possible expert meeting First half 2016: quality assurance/editing and production of comparative report
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13 Results and further information Early 2016: comparative report More information: Contact access2justice@fra.europa.euaccess2justice@fra.europa.eu FRA publications all online: http://fra.europa.eu/en/publications- and-resourceshttp://fra.europa.eu/en/publications- and-resources Access to justice-related publications: http://fra.europa.eu/en/theme/access-justice http://fra.europa.eu/en/theme/access-justice
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14 Your views The right to interpretation and translation in practice – a few questions: 1. Best practices and tools in the area of LIT services in criminal justice settings? 2. Challenges in making rights effective in practice (in the area of LIT services in criminal justice settings) 3. Other?
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fra.europa.eu Thank you for your attention! access2justice@fra.europa.eu
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