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The European Arrest Warrant Project of the European Criminal Bar Association

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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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