Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

Case Study - An American in Custody in Austria

Description

Case Study based on ECtHR, KAMASINSKI v. AUSTRIA, Application no. 9783/82, Judgement 19.12.1989 

Can be used to discuss the standards of procedural rights Directives

  • 2013/48/EU on the right of access to a lawyer in criminal proceedings
  • 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European Arrest Warrant proceedings
  • 2010/64/EU on the right to interpretation and translation in criminal proceedings

 

 

Downloads

Case_Study_Kamasinski.pdf

Guidance_Kamasinski.pdf

Fields

Procedural Rights

Keywords

Detention

Procedural safeguards

 
Related Legal Documents

Directive 2016/1919 on legal aid

Directive on access to a lawyer and to have a third party informed 2013/48/EU

Directive on the right to interpretation and translation 2010/64/EU

 
Related Articles

Article 47 Right to an effective remedy and to a fair trial