9 Amendments of Carlos COELHO related to 2010/0801(COD)
Amendment 42 #
Draft directive
Recital -1 (new)
Recital -1 (new)
(-1) Article 47 of the EU Charter of Fundamental Rights enshrines the right to a fair trial, including the right to legal advice and representation. Article 48 of the Charter guarantees respect for the presumption of innocence and the rights of defence.
Amendment 44 #
Draft directive
Recital 7 a (new)
Recital 7 a (new)
(7a) On 30 November 2009, the Council adopted the Roadmap on Procedural Rights which requested the Commission to put forward proposals on a "step by step" basis, on the right to interpretation and translation, the right to information about rights, the right to legal advice, before trial and at trial, the right for a detained person to communicate with family members, employers and consular authorities, and protection for vulnerable suspects.
Amendment 46 #
Draft directive
Recital 7 b (new)
Recital 7 b (new)
(7b) This Directive, the first measure on the Roadmap, should lay down common standards to be applied in the fields of interpretation and translation in criminal proceedings in order to enhance the necessary confidence among Member States.
Amendment 53 #
Draft directive
Recital 12
Recital 12
(12) The finding that there is no need for interpretation or translation should be subject to the possibility of review, in accordance with national law. Such review may be carried out, for example, throughappeal. Member States should ensure that the suspect or accused person has the right to challenge a spdecific complaint procedure, or in the context of an ordinary appeal procedure against decisions on the meritssion finding that there is no need for interpretation including cases where interpretation or translation is so deficient that it amounts to an absence of interpretation.
Amendment 63 #
Draft directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive should set minimum rules. Member States should be able to extend the rights set out in this Directive in order to provide a higher level of protection also in situations not explicitly dealt with in this Directive. The level of protection should never go below the standards provided by the European Convention on Human Rights, as interpreted in the case-law of the European Court of Human Rights.
Amendment 65 #
Draft directive
Recital 17
Recital 17
(17) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the right to liberty, the right to a fair trial and the right of defence and has to be implemented accordingly.
Amendment 73 #
Draft directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall ensure that a suspected or accused person who does not understand or speak the language of the criminal proceedings concerned is provided, without delay, with interpretation into his native language or into another language that he understands, in orderof a quality sufficient to safeguard his right to fair proceedings, ensuring that he is able to understand the case against him and exercise his rights. Interpretation, including of communications between the suspected or accused person and his legal counsel, shall be provided during criminal proceedings before investigative and judicial authorities, including during police questioning, during all court hearings and during any necessary interim hearings, and may be provided in other situations. This provision does not affect rules of national law concerning the presence of a legal counsel during any stage of the criminal proceedings.
Amendment 80 #
Draft directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that a suspected or accused person who does not understand the language of the criminal proceedings concerned is provided with apromptly with written translations, into his native language or into another language that he understands, of all documents which are essential in order, of a quality sufficient to safeguard his right to fair proceedings, or at leasensuring that the important passages of such documents, provided that the person concerned has the right of access to the documents concerned under national laws able to understand the case against him and exercise his rights.
Amendment 84 #
Draft directive
Article 3 – paragraph 6
Article 3 – paragraph 6