BETA
Home MEPs Dossiers Committees Subjects Blog About Dumps

Activities of Timothy KIRKHOPE related to 2013/0409(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings PDF (645 KB) DOC (383 KB)
2016/11/22
Committee: LIBE
Dossiers: 2013/0409(COD)
Documents: PDF(645 KB) DOC(383 KB)

Amendments (8)

Amendment 45 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Recital 7
(7) One of the fundamental features of a fair trial, as stated by the European Court of Human Rights (‘ECtHR’) is that everyone charged with a criminal offence is effectively defended by a lawyer, assigned officially if need be. The fairness of criminal proceedings requires that a suspect should be granted access to legal assistance from the moment of deprivation of liberty.deleted
2015/02/03
Committee: LIBE
Amendment 63 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Recital 12
(12) Member States should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons can be recovered from those persons if, in the subsequent assessment of the competent authority of whether they have a right to legal aid, they are found to not meet the criteria to benefit from legal aid under national law.
2015/02/03
Committee: LIBE
Amendment 67 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Recital 14
(14) To ensure that requested persons can effectively exercise their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, iIn accordance with Directive 2013/48/EU, the issuing Member State should ensure that requested persons have access to legal aid for the purpose of the European arrest warrant proceedings in the executing Member State. This right 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 issuing Member State in question.
2015/02/03
Committee: LIBE
Amendment 76 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Recital 17
(17) The Member States should collect data showing how the right to legal aid for suspects or accused persons and requested persons have been accessed. Member States should also collect data on the number of cases where provisional legal aid was provided for suspects or accused persons deprived of liberty, as well as for requested persons, and the number of cases where this right was not exercised. Such data should include the number of requests for legal aid in European arrest warrant proceedings when the Member State acts as issuing and executing State, as well as the number of cases where these requests were granted. Data on the costs for providing provisional legal aid for persons deprived of liberty and for requested persons should also be collected.deleted
2015/02/03
Committee: LIBE
Amendment 82 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Recital 19
(19) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by the Charter or the ECHR, as interpreted in the case-law of the Court of Justice and of the ECtHR.;
2015/02/03
Committee: LIBE
Amendment 142 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Article 5 – paragraph 2
2. The issuing Member State shall ensure thatfully assess whether it is proportionate and in the interests of justice, for the requested persons, that are exerciseing their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, according to Article 10 of Directive 2013/48/EU, have the right toto be eligible for legal aid in that Member State for the purpose of the European arrest warrant proceedings in the executing Member State.;
2015/02/03
Committee: LIBE
Amendment 150 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Article 6 – paragraph 1
1. Member States shall collect data with regard to how the rights in Article 4 and Article 5 have been implemendeleted.
2015/02/03
Committee: LIBE
Amendment 154 #
Timothy KIRKHOPE, Helga STEVENS, Jussi HALLA-AHO
Proposal for a directive
Article 6 – paragraph 2
2. Member States shall by [36 months after publication of this Directive] and every two years thereafter, send the Commission such data.deleted
2015/02/03
Committee: LIBE
@parltrack
@parltrack@eupolicy.social
[javascript protected email address]
code AGPLv3.0+
data ODBLv1.0
site content CC-By-Sa-3.0

ParlTrack - 2011-2024

© European Union, 2011 – Source: European Parliament
Hosted by AS250.net Foundation