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The European Arrest Warrant Project of the European Criminal Bar Association

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).

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The European Arrest Warrant Project of the European Criminal Bar Association

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

  2. 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 • Basic Criminal Procedural Law • Case Law • No overlap other consortium activities

  3. ECBA-EAW Project (2) • Methods: • Network of correspondents • Questionnaires • Expert meetings • www.ecba-eaw.org • Research results

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

  5. I. Representation by a foreign lawyer • EU directive (art. 4,5,7 & 8) • 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

  6. II. Pre-trial detention in surrender proceedings

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

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