New Horizons for Justice in Europe
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ANNUAL REPORT ANNUAL 2018 President’S Foreword I Was Flattered to Be Invited to Speak on the 70Th for Professionals in the UK
S ANNUAL REPORT 2018 President’s Foreword I was flattered to be invited to speak on the 70th for professionals in the UK. The Society is extremely fortunate to have Linden Thomas and Inez Brown in the anniversary of the Universal Declaration of Human Thank you for the honour of electing me to be the President of Birmingham Law wings as its next Presidents. Linden has exciting plans rights at the Opera in Lyon. We have a historically good Society and to share the bi-centennial year with my colleague and friend Andrew for the Society in her year and I wish her every relationship with the Lyons Bar cultivated by the hard Beedham. success. work of my hosts Tim Hughes, Maite Roche and the When I opened my year on 24 April 2018 I indicated that I had a number of Batonnier of Lyons. They noted that I have never been James Turner aspirations during my year. I aimed to promote Birmingham as a centre of legal shy to speak up on issues of social justice and human President excellence, improve member engagement, build on our national and international rights. The event was held during the Fete des relationships and ensure we celebrated our bi-centenary in style. A year proves to Lumieres which would be reason enough to spend a be a short time but I am confident that I made progress with all of those aspirations. weekend in a beautiful city. I will not quickly forget a In particular I hope the Society’s members will agree annual cricket competition to be jointly branded with memorable event at which I shared a stage with that we marked the bi-centenary with style. -
CCBE Contribution for the Rule of Law Report 2021 (26/03/2021)
CCBE Contribution for the Rule of Law Report 2021 26/03/2021 Introduction The Council of Bars and Law Societies of Europe (CCBE) represents the bars and law societies of 45 countries and, through them, more than 1 million European lawyers. The CCBE also acts as a consultative and intermediary body between its Members and between the Members and the institutions of the European Union on cross-border matters of mutual interest. The regulation of the profession, the defence of the rule of law, human rights and democratic values are the most important missions of the CCBE. Several areas of special concern to the CCBE include access to justice, the development of the rule of law, the respect for the right to a defence and the effectiveness of the Justice system, which are core values of the profession. The CCBE always places a great emphasis on the respect for the rule of law, democratic principles and fundamental rights. The values of the CCBE and its Member organisations are consistent with the Charter of Fundamental Rights of the European Union, and in particular its preamble, where it is stated, inter alia that “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice”, CCBE values are also consistent with Article 47 (Rights to an effective remedy and to a fair trial), Article 48 (Presumption of innocence and right to a defence), and Article 49 (Principles of legality and proportionality of criminal offences and penalties). -
You Have a Right to Remain Silent Michael Avery
Fordham Urban Law Journal Volume 30 | Number 2 Article 5 2003 You Have a Right to Remain Silent Michael Avery Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Constitutional Law Commons Recommended Citation Michael Avery, You Have a Right to Remain Silent, 30 Fordham Urb. L.J. 571 (2002). Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/5 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. You Have a Right to Remain Silent Cover Page Footnote The Author ppra eciates the advice of Professor Susan Klein, University of Texas Law School with respect to Fifth Amendment issues and the assistance of his colleague Professor Marie Ashe. The assistance of the Deans of Suffolk Law School with summer writing stipends made this work possible. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/5 YOU HAVE A RIGHT TO REMAIN SILENT Michael Avery* INTRODUCTION Everyone who watches television knows that when someone is arrested, the police have to "Mirandize"1 the suspect by reading his rights to him and that one of those rights is the "right to remain silent." The general public also knows that the suspect has the right to see a lawyer.2 Of course, in crime dramas these rights are often violated, but no one questions that they exist. -
JUSTICE Human Rights Law Conference 2018 10 October 2018, London
JUSTICE Human Rights Law Conference 2018 10 October 2018, London • Unmissable human rights CPD event for 2018 • Keynote speeches from leaders in the field • Workshops on criminal justice, women’s human rights, earn judicial review, immigration and asylum, privacy, security and 6 cpd surveillance and life, death and human rights hours • The latest domestic and international human rights case-law • All income supports the work of JUSTICE Plenary speeches from: Panel sessions with: • Lord Carnwath of Notting Hill • Michael Fordham QC • Karon Monaghan QC • Harriet Wistrich • Angela Rafferty QC • Baroness Shami Chakrabarti • Nathalie Lieven QC • Max Hill QC • + many others to be confirmed follow us on twitter @justicehq PROGRAMME OF THE DAY Join JUSTICE 9.00 REGISTRATION AND REFRESHMENTS JUSTICE is an all-party law reform and human rights organisation working to strengthen the justice system – administrative, civil and 9.30 CHAIR’S WELCOME criminal – in the United Kingdom. Andrea Coomber, Director, JUSTICE 9.45 MORNING KEYNOTE ADDRESS: JUSTICE is independent JUSTICE is expert JUSTICE is influential Lord Carnwath of Notting Hill 10.15 REVIEW OF THE YEAR JUSTICE is effective JUSTICE is international Karon Monaghan QC, Matrix Chambers 11.00 COFFEE JUSTICE relies on the support of its members and donors for the funds to carry out its vital work. Please join us today. 11.30 MORNING WORKSHOPS 1. Criminal Justice and Human Rights 14.00 AFTERNOON WORKSHOPS “Access to justice, human rights and the rule of law – as a lawyer and as a Chair: HH Peter Rook QC democrat, I can think of few causes more important to defend and extend. -
School of Law Alumni Magazine — Issue Six 2020 Contents Welcome
SHAPING LEEDS THE FUTURE LAW TOGETHER School of Law Alumni Magazine — Issue Six 2020 Contents Welcome FEATURES Welcome School of Law Alumni Magazine This year was always going to involve some change for the Law School with Professor Alastair Mullis moving to take up the role of Interim Executive EDITOR Beth Hastings-Trew Dean of the Faculty of Social Sciences at the start of January 2020. School Support Office (Alumni and Communications) As Deputy Head of School I was to assume Our colleagues have responded to this new world As our very recent past has demonstrated we are the position of Interim Head of School during not only through dramatically reorienting how they more than capable of meeting the challenges Alastair’s term as Interim Executive Dean and it teach and support students, but also through ahead and we will continue to strive to make was to be a fairly straight-forward task of holding research that addresses the societal challenges a real difference to the world. Whether this is the fort until his return in January 2021. posed by COVID-19. This includes considering through our research or through supporting how it will impact international trade, crime our students to become graduates who will KEEP IN TOUCH In autumn 2019 School life continued much rates, the human rights implications of COVID-19 go out and make significant contributions to Phone: +44 (0)113 343 7209 as normal. legislation and the role of parks in a pandemic. society. This is, after all, the year when an Email: [email protected] Colleagues have reached out and spoken to alumnus of the Law School became the Leader Facebook: facebook.com/lawunileeds Twitter: @law_leeds We welcomed our new undergraduate students the media and policy makers on a number of of the Opposition (Sir Keir Starmer ‘85). -
CH 10 Confessions
CONFESSIONS .............................................................................................. 1 §10-1 Fifth Amendment Rights .......................................................................... 1 §10-2 Suppression Motions and Hearings ..................................................... 12 §10-3 Miranda Warnings ................................................................................... 17 §10-3(a) Generally ......................................................................................... 17 §10-3(b) Non-Police Interrogation ............................................................. 26 §10-3(c) “In custody” .................................................................................... 28 §10-3(d) “Interrogation” ............................................................................... 49 §10-4 Waiver of Rights ....................................................................................... 53 §10-4(a) Generally ......................................................................................... 53 §10-4(b) Interrogation After the Right to Counsel Attaches ............... 62 §10-4(c) Interrogation After Request for Counsel ................................. 68 §10-4(d) Interrogation After Request to Remain Silent ....................... 82 §10-5 Voluntariness ............................................................................................ 89 §10-5(a) Generally ......................................................................................... 89 §10-5(b) Examples: -
Data Report for Fiscal Year 2020 (Highly Compensated Report)
MTA - Data Report for Fiscal Year 2020 (Highly Compensated Report) *Last Name *First Name Middle *Title *Group School Name Highest Degree Prior Work Experience Initial O'Brien James J Mgr. Maint. Contract Admin. Managerial UNKNOWN UNKNOWN MTA Agency Berani Alban Supervising Engr Electrical Managerial CUNY City College Master of Engineering Self Employed Moravec Eva M Assistant General Counsel Professional Pace University White Plains Juris Doctor Dept. of Finance OATH Angel Nichola O AVPCenBusDisTolUnit Managerial NYU Stern School of Business Master of Mechanical Engi MTA Agency Khuu Howard N Assistant Controller Managerial Baruch College Master of Business Admin Home Box Office Reis Sergio Director Ops. Tolls & Fac. Sys Managerial Long Island University Bachelor of Science Tag Americas LLC Jacobs Daniel M Sr Dir Plan Inno&Pol Ana Managerial Rutgers University Master of Engineering MTA Agency Wilkins Alphonso Senior Safety Engineer Professional High School Diploma EnviroMed Services Inc. Walker Kellie Labor Counsel Professional Boston University Law Juris Doctor NYC Department of Education Mondal Mohammad S Supervising Engineer Structure Managerial Foreign - Non US College/Unive Bachelor Civil Engineerin Department of Buildings Friman Paul Exec Asst General Counsel Professional New York University Juris Doctor NYS Supreme Court NY Prasad Indira G Sr Project Manager TSMS Professional Stevens Institute of Technolog Master of Science Mitsui O.S.K. NY Li Bin Supervising Engineer Structure Managerial Florida International Univ Doctor of Philosophy -
The German Surname Atlas Project ± Computer-Based Surname Geography Kathrin Dräger Mirjam Schmuck Germany
Kathrin Dräger, Mirjam Schmuck, Germany 319 The German Surname Atlas Project ± Computer-Based Surname Geography Kathrin Dräger Mirjam Schmuck Germany Abstract The German Surname Atlas (Deutscher Familiennamenatlas, DFA) project is presented below. The surname maps are based on German fixed network telephone lines (in 2005) with German postal districts as graticules. In our project, we use this data to explore the areal variation in lexical (e.g., Schröder/Schneider µtailor¶) as well as phonological (e.g., Hauser/Häuser/Heuser) and morphological (e.g., patronyms such as Petersen/Peters/Peter) aspects of German surnames. German surnames emerged quite early on and preserve linguistic material which is up to 900 years old. This enables us to draw conclusions from today¶s areal distribution, e.g., on medieval dialect variation, writing traditions and cultural life. Containing not only German surnames but also foreign names, our huge database opens up possibilities for new areas of research, such as surnames and migration. Due to the close contact with Slavonic languages (original Slavonic population in the east, former eastern territories, migration), original Slavonic surnames make up the largest part of the foreign names (e.g., ±ski 16,386 types/293,474 tokens). Various adaptations from Slavonic to German and vice versa occurred. These included graphical (e.g., Dobschinski < Dobrzynski) as well as morphological adaptations (hybrid forms: e.g., Fuhrmanski) and folk-etymological reinterpretations (e.g., Rehsack < Czech Reåak). *** 1. The German surname system In the German speech area, people generally started to use an addition to their given names from the eleventh to the sixteenth century, some even later. -
EUROPEAN COMMISSION Brussels, 17.02.2020 C(2020) 1012 Final Mr Alexander Fanta Netzpolitik.Org Rue De La Loi 155 1040 Bruxelles
EUROPEAN COMMISSION Brussels, 17.02.2020 C(2020) 1012 final Mr Alexander Fanta netzpolitik.org Rue de la Loi 155 1040 Bruxelles Belgium DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE 1 IMPLEMENTING RULES TO REGULATION (EC) NO 1049/2001 Subject: Your confirmatory applications for access to documents under Regulation (EC) No 1049/2001 - GESTDEM 2019/5070 Dear Mr Fanta, I refer to your email of 3 January 2020, registered on the same day, in which you submit a confirmatory application concerning the initial application mentioned above in accordance with Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents2 (hereafter ʻRegulation (EC) No 1049/2001ʼ). 1. SCOPE OF YOUR REQUEST In your initial application registered under number GESTDEM 2019/5070 of 30 August 2019, addressed to the Secretariat-General of the European Commission, you requested access to, I quote, ‘[…] meeting minutes, e-mails and all other documents related to a meeting between Secretary-General Martin Selmayr and the lobbying firm friedrich30, also known as f30, on 29 March 2019.’ 1 OJ L 345, 29.12.2001, p. 94. 2 OJ L 145, 31.5.2001, p. 43. Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 The European Commission has identified the following documents as falling under the scope of your initial application: Table of content part of the briefing file prepared for the meeting of 29 March 2019, reference Ares(2019)7713226 (hereafter ʻdocument -
A Look at the New European Parliament Page 1 INTERNATIONAL TRADE COMMITTEE (INTA)
THE NEW EUROPEAN PARLIAMENT KEY COMMITTEE COMPOSITION 31 JULY 2019 INTRODUCTION After several marathon sessions, the European Council agreed on the line-up for the EU “top jobs” on 2 July 2019. The deal, which notably saw German Defence Minister Ursula von der Leyen (CDU, EPP) surprisingly designated as the next European Commission (EC) President, meant that the European Parliament (EP) could proceed with the election of its own leadership on 3 July. The EPP and Renew Europe (formerly ALDE) groups, in line with the agreement, did not present candidates for the EP President. As such, the vote pitted the S&D’s David-Maria Sassoli (IT) against two former Spitzenkandidaten – Ska Keller (DE) of the Greens and Jan Zahradil (CZ) of the ACRE/ECR, alongside placeholder candidate Sira Rego (ES) of GUE. Sassoli was elected President for the first half of the 2019 – 2024 mandate, while the EPP (presumably EPP Spitzenkandidat Manfred Weber) would take the reins from January 2022. The vote was largely seen as a formality and a demonstration of the three largest Groups’ capacity to govern. However, Zahradil received almost 100 votes (more than the total votes of the ECR group), and Keller received almost twice as many votes as there are Greens/EFA MEPs. This forced a second round in which Sassoli was narrowly elected with just 11 more than the necessary simple majority. Close to 12% of MEPs did not cast a ballot. MEPs also elected 14 Vice-Presidents (VPs): Mairead McGuinness (EPP, IE), Pedro Silva Pereira (S&D, PT), Rainer Wieland (EPP, DE), Katarina Barley (S&D, DE), Othmar Karas (EPP, AT), Ewa Kopacz (EPP, PL), Klara Dobrev (S&D, HU), Dita Charanzová (RE, CZ), Nicola Beer (RE, DE), Lívia Járóka (EPP, HU) and Heidi Hautala (Greens/EFA, FI) were elected in the first ballot, while Marcel Kolaja (Greens/EFA, CZ), Dimitrios Papadimoulis (GUE/NGL, EL) and Fabio Massimo Castaldo (NI, IT) needed the second round. -
Access to a Lawyer and Procedural Rights in Criminal Proceedings And
JUSTICE Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings warrant arrest in criminal and European rights and procedural a lawyer to access in practice: Rights Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings Photos (cover & inside, from left to right): ©AdobeStock: theaphotography, WavebreakmediaMicro, peterschreiber.media. More information on the European Union is available on the internet (http://europa.eu). Luxembourg: Publications Office of the European Union, 2019 Print: ISBN 978-92-9474-642-9 doi:10.2811/825632 TK-02-19-332-EN-C Web: ISBN 978-92-9474-643-6 doi:10.2811/291539 TK-02-19-332-EN-N © European Union Agency for Fundamental Rights, 2019 For any use or reproduction of photos or other material that is not under FRA’s copyright, permission must be sought directly from the copyright holders. Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings Foreword Protecting the rights of anyone suspected or accused of a crime is an essential element of the rule of law. Courts, prosecutors and police officers need to have the power and means to enforce the law – but trust in the outcomes of their efforts will quickly erode without effective safeguards to control how their powers are actually used. Such safeguards take on various forms. Everyone is presumed to be innocent until found guilty by a court of law. People have the right to remain silent and not incriminate themselves. They should be told why they are being arrested or what they are being charged with.