Dostęp do adwokata w postępowaniu karnym. O standardach i kontekście europejskim

Tomasz Koncewicz , Anna Podolska

Abstract

The fair trial, and a specially the right to defence, is the overriding element ensuring that the individual is the subject and not the object of the proceedings. Therefore it is important that European Union decided to implement minimum procedural standards. Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty is an instrument that provides the legal assistance in a time and in a way that will assure real defence. Regulation concerns all national proceedings in criminal matters and refers to standards, which were deepened by European Court of Human Rights. Despite the end of the deadline for transposition, in the Polish legal system no measures have been adopted. From various sources there are signals of the urgency to amend the Criminal Procedure Code. Despite the absence of legislators activity, remains the possibility to invoke the direct effect of the directive or employing instruments, which mobilize the Member States to ensure compliance with EU law. It is necessary to change the law, but also the practice, and above all, to realise that the law is not just a text but also a context.
Author Tomasz Koncewicz (FLA / DELCL)
Tomasz Koncewicz,,
- Department of European Law and Comparative Law
, Anna Podolska (FLA)
Anna Podolska,,
- Faculty of Law and Administration
Other language title versionsAccess to a lawyer in criminal proceedings. European standards and context
Journal seriesPalestra, ISSN 0031-0344, (B 8 pkt)
Issue year2017
Vol62
No9
Pages9-23
Publication size in sheets0.7
Keywords in Polishnormy minimalne, rzetelny proces, prawo do obrony, bezpośredni skutek dyrektywy, dyrektywa 2013/48/UE, dostęp do adwokata
Keywords in Englishminimum standards, fair trial, right to defence, direct effect of the directive, directive 2013/48/EU, access to a lawyer
URL http://palestra.pl/upload/15/05/99/1505997659_2.pdf
Languagepl polski
Score (nominal)8
ScoreMinisterial score = 8.0, 02-05-2018, ArticleFromJournal
Ministerial score (2013-2016) = 8.0, 02-05-2018, ArticleFromJournal
Citation count*
Cite
Share Share

Get link to the record


* presented citation count is obtained through Internet information analysis and it is close to the number calculated by the Publish or Perish system.
Back