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ToEfDeCo

Towards Guaranteeing the Right to Effective Assistance of Defence Counsel in Member States in Trans-border Criminal Cases

Total Cost €

0

EC-Contrib. €

0

Partnership

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Project "ToEfDeCo" data sheet

The following table provides information about the project.

Coordinator
UNIVERSITEIT MAASTRICHT 

Organization address
address: Minderbroedersberg 4-6
city: MAASTRICHT
postcode: 6200 MD
website: http://www.maastrichtuniversity.nl

contact info
title: n.a.
name: n.a.
surname: n.a.
function: n.a.
email: n.a.
telephone: n.a.
fax: n.a.

 Coordinator Country Netherlands [NL]
 Project website https://www.etis.ee/Portal/Persons/Display/479be098-9949-4a1b-8b22-b50025a50699
 Total cost 177˙598 €
 EC max contribution 177˙598 € (100%)
 Programme 1. H2020-EU.1.3.2. (Nurturing excellence by means of cross-border and cross-sector mobility)
 Code Call H2020-MSCA-IF-2014
 Funding Scheme MSCA-IF-EF-CAR
 Starting year 2016
 Duration (year-month-day) from 2016-01-01   to  2017-12-31

 Partnership

Take a look of project's partnership.

# participants  country  role  EC contrib. [€] 
1    UNIVERSITEIT MAASTRICHT NL (MAASTRICHT) coordinator 177˙598.00

Map

 Project objective

The right to effective assistance of defence counsel (READC) is one of the fundamental features of fair trial. In the context of open borders and increasing number of trans-border criminal cases it is important that all EU Member States (MS) guarantee the READC to suspects and requested persons in European arrest warrant cases at least on a minimum level. The Strasbourg system is no designed to achieve this goal, so the EU has taken the initiative via the Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings etc. (22 Oct 2013). Considering the imminent transposition date of 27 Nov 2016, this project aims at determining how the MS are progressing in implementing the Directive. As the Directive not only guarantees the READC, but also requires that in case of breach of the READC, the MS have to ensure effective remedies, the final goal of the project is to propose remedies for trans-border cases that could be common to all MS. The research activities will be performed in the international environment of the Maastricht University, a centre of expertise on research on the READC in Europe, and will consist of two parts. The first part of the research will be empirical; competent representatives of all MS will be interviewed about how the MS have implemented or are planning to implement the Directive, including any difficulties they are encountering. In addition, the representatives will be queried about the remedies provided currently or prospectively. The second part of the research will be normative; information received from MS will be compared to legislation of the EU, the jurisprudence of the European Court of Human Rights, the European Court of Justice, international tribunals, the International Criminal Court, and the Supreme Court of the US as well as the theoretical approach to the READC in the US. As a result common remedies for the violation of the READC in the EU with a special focus on trans-border criminal cases will be proposed.

 Publications

year authors and title journal last update
List of publications.
2018 Anneli Soo
(Effective) Remedies for a Violation of the Right to Counsel during Criminal Proceedings in the European Union: An Empirical Study
published pages: 18-60, ISSN: 1871-515X, DOI:
Utrect Law Review 14 2019-06-12
2017 Anneli Soo
Divergence of European Union and Strasbourg Standards on Defence Rights in Criminal Proceedings? Ibrahim and the others v. the UK (13th of September 2016)
published pages: , ISSN: 1571-8174, DOI:
European Journal of Crime, Criminal Law and Criminal Justice 2019-06-12
2017 Anneli Soo
Article 12 of the Directive 2013/48/EU: A Starting Point for Discussion on a Common Understanding of the Criteria for Effective Remedies of Violation of the Right to Counsel. European Journal of Crime, Criminal Law and Criminal Justice
published pages: , ISSN: 1571-8174, DOI:
European Journal of Crime, Criminal Law and Criminal Justice 2019-06-12
2017 Anneli Soo
How are the member states progressing on transposition of Directive 2013/48/EU on the right of access to a lawyer? An inquiry conducted among the member states with the special focus on how Article 12 is transposed
published pages: , ISSN: 2032-2844, DOI:
New Journal of European Criminal Law 2019-06-12
2016 Anneli Soo
Remedies in National Legal Systems when Implementing Directive 2013/48/EU (on the right to access to a lawyer)
published pages: , ISSN: , DOI:
2019-06-12
2016 Anneli Soo
Potential Remedies for Violation of the Right to Counsel in Criminal Proceedings: Article 12 of the Directive 2013/48/EU (22 October2013) and its Output in National Legislation. EuCLR European Criminal Law Review
published pages: , ISSN: 2193-5505, DOI:
European Criminal Law Review 2019-06-12
2016 Anneli Soo
It is not enough to provide the right to have counsel during interrogation without providing proper remedies for its violation. The inevitable relationship between rights and remedies
published pages: , ISSN: 1567-2581, DOI:
Strafblad 2019-06-12

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The information about "TOEFDECO" are provided by the European Opendata Portal: CORDIS opendata.

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