Open AccessDirective 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings
Author(s) -
Vincent Glerum
Publication year - 2020
Publication title -
review of european and comparative law
Language(s) - English
Resource type - Journals
eISSN - 2657-5949
pISSN - 2545-384X
DOI - 10.31743/recl.6128
Subject(s) - member state , directive , member states , law , warrant , state (computer science) , political science , representation (politics) , preliminary ruling , right to know , family member , european union , business , computer science , medicine , finance , algorithm , family medicine , politics , economic policy , programming language , economic justice
Directive 2013/48/EU gives persons who are subject to European arrest warrant proceedings the right to “dual representation”: not only the right of access to a lawyer in the executing Member State but also the right to appoint a lawyer in the issuing Member State, whose limited role it is to provide information and advice to the lawyer in the executing Member State with a view to the effective exercise of the requested person’s rights under Framework Decision 2002/584/JHA. The right to appoint a lawyer in the issuing Member State is supposed to contribute to facilitating judicial cooperation. This article takes a closer look at that right and tries to establish whether – and, if so, to what extent – that right does indeed facilitate judicial cooperation.