Brussels Office News
Respecting Basic Rights: Act Now
Attending a high level EU Presidency conference on 22 July Susan Clements, the Justice and Home Affairs Policy Advisor of the Law Societies Joint Brussels Office, called for binding procedural rights across the EU. The conference considered how procedural rights for suspects and defendants can be enhanced. Swedish Minister of Justice Beatrice Ask emphasised that the EU must work for its citizens and protect their rights and asserted that failure to do so is a risk for freedom and democracy. European Commission Vice-President Jacques Barrot observed that in their daily lives citizens are more and more likely to be involved in cross-border proceedings. He emphasised that being confronted to justice is never a nice experience and can easily become a nightmare in a cross-border context. He asserted that the Commission's top priority is to put the citizen at the centre of the EU project making their daily life easier in the new European reality.
The Law Societies Joint Brussels Office referred to the Roadmap on procedural rights dated 1 July proposed by the Swedish Presidency. The Roadmap aims to address certain procedural rights using a step-by-step approach and invites the European Commission to submit proposals regarding the measures set out in the Roadmap. The Commission and the Swedish Presidency have already made proposals on interpretation and translation.
The Law Societies Joint Brussels Office made a number of comments on the Roadmap which are presented in the position on criminal matters including procedural rights, calling for:
- the right to consult a lawyer in private and receive legal advice in the strictest confidence
- the right to silence to be included
- the right of suspects and defendants to be present at all hearings in person
- the introduction of simple measures including audio recording of interviews
- the maintenance of a written custody record accessible to the suspect and defendant
- the right to receive information on rights and the charge in writing and orally
- the right for suspects and defendants to be given a procedural roadmap to enable them to understand in basic terms what will happen to them from questioning to detention conditions and beyond
- action on detention conditions.
Member States are debating the Roadmap with a view to signing up to it in October. Now is the time to be actively engaged in calling on your Ministers to ensure that such basic rights are respected.
You can read more on this issue in our European Human Rights Update and European Criminal Law Update. To subscribe to these and other updates, contact the Brussels Office.
European Commission EU Lobbyist Register
The European Commission has launched a register of interest representatives which includes law firms which lobby the EU. The register is voluntary and in a one-year pilot phase.
Those firms which register will have to:
- Provide a list those clients for whom they carry out lobbying and give financial imformation about related turnover. This information is then made publicly available.
- Undertake to observe the Commission's code of conduct, or indicate they are bound by an equivalent code.
- The scope of the Commission's register only allows for limited exceptions for lawyers' activities. The implications for firms carrying out lobbying are not yet clear and guidance will be issued in due course.
Further details can be found on the Commission’s Register of Interest Representatives website.
Frequently asked questions are available on the Commission's European Transparency Initiative website.
For further information, contact Andrew Laidlaw at the Society’s Brussels Office.
