Directive 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings

Abstract

Directive 2013/48/EU gives persons who are subject to European arrest warrant proceedings the right to “dual representation”: not only the right of access to a lawyer in the executing Member State but also the right to appoint a lawyer in the issuing Member State, whose limited role it is to provide information and advice to the lawyer in the executing Member State with a view to the effective exercise of the requested person’s rights under Framework Decision 2002/584/ JHA. The right to appoint a lawyer in the issuing Member State is supposed to contribute to facilitating judicial cooperation. This article takes a closer look at that right and tries to establish whether – and, if so, to what extent – that right does indeed facilitate judicial cooperation.