[ParlTrack]

Proposal for a directive
Article 2 – paragraph 1 – point a

a) suspects or accused persons in criminal proceedings~~, who are deprived of liberty and~~ who have a right of access to a lawyer pursuant to Directive 2013/48/EU or other legally binding Union acts;

2015/02/03
Committee: LIBE

Caterina CHINNICI

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) suspects or accused persons in criminal proceedings, who ~~are deprived of liberty~~have the right of access to a lawyer pursuant to Directive 2013/48/EU or other legally binding Union acts;

2015/02/03
Committee: LIBE

Caterina CHINNICI

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) requested persons ~~deprived of liberty~~ in the executing Member State, who have the right of access to a lawyer pursuant to Directive 2013/48/EU or other legally binding Union acts.

2015/02/03
Committee: LIBE

Caterina CHINNICI

Proposal for a directive
Article 4 a (new)

Article 4 a Access to ordinary legal aid 1. Member States shall ensure that the persons referred to in Article 4(1) have access to legal aid if they lack sufficient financial resources to meet some or all of the costs of the defence and the proceedings as a result of their economic situation (´means test´) and/or when such aid is required in the interests of justice (´merits test´). 2. The assessment of the person´s economic situation shall be made on the basis of objective factors, such as income, capital, family situation, standard of living on the one hand and the cost of a defence lawyer on the other hand. 3. The assessment of legal aid being required in the interests of justice shall include an assessment of the complexity of the case, the social and personal situation of the person concerned, the seriousness of the offence and the severity of the potential penalty that may be imposed. 4. Member States shall make all relevant information on legal aid in criminal proceedings easily accessible and understandable for suspects or accused persons and requested persons, including information on how and where to apply for such aid, transparent criteria on eligibility for legal aid, as well as information on the possibilities available, including complaints, in circumstances where access to legal aid is denied or a legal aid lawyer provides insufficient legal assistance.

2015/02/03
Committee: LIBE

Caterina CHINNICI

Proposal for a directive
Article 5 – paragraph 3

3. The ~~right to legal aid referred to in paragraphs 1~~assessment of the application for ordinary legal anid 2 may be subject to an assessment of the means of the requested person and/or whether it is in the interests of justice to provide legal aid, according to the applicable eligibility criteria in the Member State in questionsubmitted by the requested person shall be based on the eligibility criteria as are laid down in Article 4a.

2015/02/03
Committee: LIBE

5 Amendments of Caterina CHINNICI related to 2013/0409(COD)

ParlTrack - 2011-2024