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Comparative research of the EU Agency for Fundamental Rights on the right to interpretation & translation and the right to information in criminal proceedings in the EU (INFOCRIM project)
Alice Hamilton
EU Agency for Fundamental Rights (FRA)
20 March 2015
2
FRA’s role and tasks
Independent, evidence-based advice: assistance and expertise on fundamental rights issues to EU institutions and EU Member States when they implement EU law
Information & data collection: socio-legal research & comparative analysis
promote dialogue with civil society to raise public awareness of rights and actively disseminate information about its work
(Council Regulation (EC) 168/2007 of 15 /02/2007)
Mission to help make fundamental rights a
reality for everyone in the EU
3
MB Chairperson &Vice-Chairperson+ 2 other MB members+ 1 COM member+ CoE member may participate
Selected through open call for applications
Management BoardPlanning and Monitoring, 1/MS + 1CoE +
2 COM
Executive BoardPrepares decisions by MB, advises
Director
DirectorAppointed by MB
Implements tasks & manages staff
Fundamental Rights Platform
Civil society representatives (links with over 300
organisations)
Scientific Committee
11 independent members appointed by MB
National Liaison Officers
28, respective MS appoints
4
EU Member States
EU institutions, bodies,offices,
agencies
ASSISTANCE AND EXPERTISE- evidence-based advice -
UN, OSCE/ODIHR, IGOs
Council of Europe
EU bodies, offices and agencies
Cooperation
Member State governments
National human rights bodies
Civil society / Fundamental Rights Platform
Publicawareness
raising
Cooperation
bodies, offices, agencies of the Member States
Evi
de
nce
ga
the
ring
Evid
en
ce g
ath
erin
g
Evidence gathering /Data collection
Mapping policy needs - problem
identification (with important input from
stakeholders)
Analysis/Opinions (again,
input and advice from stakeholders)
Project formulation
5
http://fra.europa.eu/en/publications-and-resources/publications
Comparative reports, surveys, focus papers, handbooks for legal practitioners, opinions, online data & maps, infographics
FRA’s evidence-based advice
6
d) Roma integration
f) Rights of the child
b) Victims of crime, including compensation to victims
a) Access to justice
e) Judicial cooperation, except in criminal matters
EU Treaties
Council Reg. 168/2007 15 Feb 2007 (FRA)
MAF: Multi-annual Framework (2013-2017)9 Thematic Areas
i) Racism, xenophobia & related intolerance
g) Discrimination on all grounds
h) immigration, visa and border control and asylum
c) Information society, private life and personal data
7Cros
s-cu
tting
Justi
ceEq
ualit
yFr
eedo
ms
AWP 2016AWP 2014 AWP 2015Severe forms of labour exploit.
Biometric data in large databases
HBon data protection
Surveying LGBT – local authorities
Children and justice
Fundamental rights survey
Antisemitism: data, training, etc
Roma
Annual ReportsFRA conferences
Stakeholder, communication, etc
Inter-Agency: Borders, asylum, etc
Rights of persons with disabilitiesHB on rights of the child
Bodies (MB, SC, etc)Monitoring and evaluation
Additional activities for all areas
Complimentary data collection
Severe forms of labour exploit.Inter-Agency: Borders, asylum, etc
Biometric data in large databases
Antisemitism: data, training, etc
Surveying LGBT – local authoritiesRights of persons with disabilities
Children and justice
RomaHB on rights of the child
Violence against womenC.L.A.R.I.T.Y.
Fundamental rights survey
HB on access to justice
Rights of victims of crime – A2JImproving access to justice
Additional activities for all areas
Free movement
Violence against womenFreedom to conduct business
C.L.A.R.I.T.Y.
Victim support services
Annual ReportsFRA conferences
Stakeholder, communication, etc
Bodies (MB, SC, etc)Monitoring and evaluation
Complimentary data collection
Severe forms of labour exploit.
Annual ReportsFundamental Rights Conference
FRA Europe Day-SymposiumStakeholder, communication, etc
Inter-Agency: Borders, asylum, etc
Bodies (MB, SC, etc)Monitoring and evaluation
Complimentary data collection
Biometric data in large databases
Antisemitism: data, training, etc
Surveying LGBT – local authoritiesRights of persons with disabilities
Child well-being and poverty
RomaHB on non-discrimination (update)
C.L.A.R.I.T.Y.Fundamental rights survey
HB on access to justice
Rights of victims of crime – A2JImproving access to justice
Free movement
EU MIDIS II
Additional activities for all areas
Intelligence and surveillance Intelligence and surveillance
EU-MIDIS II EU-MIDIS II
Rights of victims of crime – A2J
Rights in criminal procedures
Social inclusion, migrant particip.Intelligence and surveillance
WG on hate crime
Handbook on rights of the child
Prisons and detentions
Rights in criminal procedures
AWP 2013
Severe forms of labour exploit.
(e) S’Cool agenda
Data protection, redressPrivate v. Public – digital era
Handbook on data protection
LGBT (indicators)
Violence against women
Children and justice
Freedom to conduct business
C.L.A.R.I.T.Y.
Victim support services
Joined-up governance
Survey of Jews
Roma
Annual ReportsFundamental Rights Conference
FRA Europe Day-SymposiumStakeholder, communication, etc
Inter-Agency: Borders, asylum, etc
LGBT (survey)Children with disabilities
Disability indicators
Bodies (MB, SC, etc)Monitoring and evaluation
Complimentary data collection
Prisons and detentions
FRA’S projects (annual work program
mes) 2013-2016
Rights in criminal procedures
8
9
INFOCRIM project:
- Identify and analyse practical barriers and opportunities to effective implementation of the directives;
- Highlight best practices;
- Identify key recommendations for further action at the EU and national levels.
http://fra.europa.eu/en/project/2015/right-interpretation-and-translation-and-right-information-criminal-proceedings-eu
FRA requested by the European Commission to look at specific rights under the two directives adopted under the Criminal Procedures Roadmap (measures A & B, both of which should by now be transposed)
10
INFOCRIM project looks at:
Issues with direct relevance for enjoyment
of access to justice
use of communication technologies/e-
tools
complaint mechanisms
…practices to
accommodate needs of vulnerable
suspects/accused
procedural safeguards
11
Methodology:
• Mainly desk research, but certain information will be cross-checked with relevant authorities; legal practitioners and civil society
• FRANET: multidisciplinary research network composed of contractors in each EU MS who provide relevant data to FRA to facilitate the Agency’s comparative analyses.
http://fra.europa.eu/en/research/franet
12
Project timeline (2014-2016):
Nov 2014: project initiated
December 2014– May 2015: research
across EU-28 – country reports and promising practices
June 2015 – September 2015:
Evaluation and analysis of results
September 2015 - December 2015: drafting of overall
comparative report and key findings
Late 2015: possible expert meeting
First half 2016: quality
assurance/editing and production of
comparative report
13
Results and further information
• Early 2016: comparative report
• More information:
Contact [email protected]
• FRA publications all online: http://fra.europa.eu/en/publications-and-resources
• Access to justice-related publications: http://fra.europa.eu/en/theme/access-justice
14
Your views
• The right to interpretation and translation in practice – a few questions:
1. Best practices and tools in the area of LIT services in criminal justice settings?
2. Challenges in making rights effective in practice (in the area of LIT services in criminal justice settings)
3. Other?