Activities of Axel VOSS related to 2013/0409(COD)
Legal basis opinions (0)
Amendments (17)
Amendment 50 #
Proposal for a directive
Recital 9
Recital 9
(9) In order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings, they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid., Member States should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty and before any questioning, and it should be available at leastuntil the person concerned is released or until the competent authorityies hasve taken thea final decision on legal aid and, in cases of full or partial rejection, this decision has become final, or, where the application for legal aid is granted, the appointment of the lawyer by the competent authority has taken effectordinary legal aid. Exceptions should be made for the situations listed in Article 2.
Amendment 57 #
Proposal for a directive
Recital 11
Recital 11
(11) Requested persons in European arrest warrant proceedings who are deprived of liberty should have the right to provisional legal aid upon deprivation of liberty in the executing Member State, at least until they are released or until the competent authorityies hasve taken thea decision on legal aid and, in cases of full or partial rejection, that decision has become final, or, where the application for legal aid is granted, the appointment of the lawyer by the competent authority has taken effectordinary legal aid. Exceptions should be made for the situations listed in Article 2.
Amendment 78 #
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should collect available 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.
Amendment 91 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
ba) This Directive shall not apply to situations in which a person’s liberty is briefly curtailed for one of the following reasons: a) in order to identify the person concerned or to determine whether an investigation should be opened; b) in order to check whether the person concerned is in possession of weapons; c) in order to take a blood or DNA sample, to conduct an alcohol test or carry out any other investigative measure, with the exception of those specifically listed in Article 3(3)(c) of Directive 2013/48/EU; d) in order to guarantee, for the purposes of questioning by a law-enforcement authority or by a court, the presence of a suspect or an accused person who has disregarded the statutory requirement to appear; e) in order to bring the suspect or the accused person in a criminal case before the competent court, in accordance with the relevant provisions of national law.
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) provisional legal aid means temporary legal aid to a person deprived of liberty until the or she is released or until a final decision on legal aid has been taken under national law,
Amendment 104 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 105 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that the following persons, if they so wish,persons suspected or accused of criminal offences who have been deprived of their liberty and have the right of access to a lawyer under Directive 2013/48/EU have the right to provisional legal aid:
Amendment 106 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 115 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. PAt the request of an accused person or a suspect, provisional legal aid shall be granted without undue delay after deprivation of liberty and in any event before questioningat the latest before questioning by the police or other prosecuting or judicial authorities. Provisional legal aid shall be granted in the event of prosecution where the person concerned is accused or suspected of committing a crime.
Amendment 117 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. If the deprivation of liberty is for a short period, Member States may, in their legislation, restrict the possibility of providing provisional legal aid to cases deemed appropriate in the interests of justice. The appropriateness shall be verified by the responsible authorities with no delay to the deprivation of liberty and at the latest before questioning. Provisional legal aid shall be provided whenever this is necessitated by the seriousness of the accusation, the complexity of the case, the maximum penalty anticipated or the inability of the person concerned to defend him- or herself.
Amendment 121 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Provisional legal aid shall be ensured until the final decisiperson con legal aid has been taken and comes into effect, or, where the suspects or accused persons are granted legal aid, the appointment of the lawyer has taken effect.cerned is set free or a final decision on ordinary legal aid is made by the responsible authorities:
Amendment 123 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. This decision shall be final if the person or suspect is granted ordinary legal aid, a lawyer has been appointed or such an appointment has been refused.
Amendment 140 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 146 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a The executing Member State shall ensure that, until a final decision on ordinary legal aid in line with Article 4(1) is taken, persons concerned shall have the right to provisional legal aid in accordance with Article 4(2), (3) and (5) of this Directive. The Directive shall apply mutatis mutandis in European Arrest Warrant proceedings in the executing Member State whenever an arrest is made under the Warrant.
Amendment 149 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Article 5 b Member States shall ensure that adequate provisional legal aid is provided and that the right of requested persons to a lawyer is guaranteed, as provided for by Directive 2013/48/EU and in particular Article 10(2) thereof.
Amendment 152 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall collect reliable available data with regard to how the rights in Article 4 and Article 5 have been implemented.