YOUNG lawyers to a European directive laying down the rights of the defence in criminal proceedings

YOUNG lawyers to a European directive laying down the rights of the defence in criminal proceedings



Before the shortcomings of the reform of the custody issue fundamental principles from the jurisprudence of the European Court of criminal human rights act on April 12, 2011, and generally to the difficulties to see recognize plan internalthe young lawyers (FNUJA, majority Union) are turning to Brussels, calling for the adoption of a European directive on the right to counsel in criminal proceedings.



This is the meaning of the letter from the President of the FNUJA Roman Carayol addressed on 18 may last the President of the European Commission José - Manuel Barroso, drawing attention on the fact that the Act of 12 April 2011 fixed terms and conditions for the exercise of the rights of the defence within the principles set by the European Court: "while the Convention enshrines the right to a counsel with access to the record of the proceedings, the French law provides only the presence of counsel without access to the file." "Similarly, the new Act provides a multitude of derogations for retarding the intervention of counsel when the Strasbourg Court is that the hypothesis of"compelling reasons"while clarifying that in the case of kept in sight incriminating statements spoken at an interrogation suffered without possible assistance of a lawyer cannot be used to ground a conviction".



And the President of the FNUJA remind José - Manuel Barroso in the General Assembly extraordinary of the National Council of the bars on 15 October last in Paris, Viviane REDING, Vice-President of the European Commission responsible for Justice, fundamental rights and citizenship, had itself announced its willingness to develop a proposed standard on "the right to counsel in criminal proceedings" whose principles would be "modelled on the case law of the ECHR.



"According to Romain Carayol," the variety of interpretation of the concept of right to a fair trial in the different countries of the Union demonstrates the relevance of community level to guarantee every citizen a basement of identical rights. »



According to him, the European Commission must "to seize on this fundamental issue which is part of the construction of a common judicial space with the guarantee of the protection of the right community and therefore the practical implementation of the mutual trust in the service of European citizens".

For young lawyers, time has therefore come of such a directive which would incorporate in addition the consecration of the free choice by the mis en cause of his counsel, the latter which may be registered in a bar separate from that country to stop once it is member of the Union.