Tuesday, March 6, 2018
Anneli Soo (Maastricht University - Faculty of Law) has posted (Effective) Remedies for a Violation of the Right to Counsel During Criminal Proceedings in the European Union: An Empirical Study (Utrecht Law Review, Vol. 14, No. 1, p. 18-60, 2018) on SSRN. Here is the abstract:
A questionnaire was sent to the Ministries of Justice of all EU Member States, and by them to local lawyers and scholars to verify the answers, in order to determine the remedies provided by law and applied in daily practice in each country for a violation of the right to counsel in criminal proceedings. This article reports on the answers received. An overview of the gathered data is provided, complemented by a discussion of how the remedies for a violation of the right to counsel in Europe should evolve. Based on the gathered data, the author demonstrates that even after the transposition of Directive 2013/48/EU, the diversity of such remedies is very great between the Member States. As the strength of the right is dependent on the remedies provided when it is violated, the EU should address this diversity if its goal is to enhance the right to counsel in all criminal proceedings conducted in the EU.