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The shifting terrain for suspects’ rights in Europe – the right to legal assistance saga in the Netherlands

24 May 2016

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"On 22 December 2015, the Dutch Supreme Court handed down a judgment in which it held that, as of 1 March 2016, all suspects should have the right to be assisted by a lawyer when questioned by the police.[1] In earlier decisions in June 2009 and April 2014, the Court had recognized a right to consult with a lawyer prior to questioning, but stopped short of recognizing a right to have a lawyer present during questioning. The transition from the earlier judgements to the December 2015 one merits attention, as it sheds light on the shifting terrain for suspects’ rights in Europe, particularly as a result of the increasing grip of EU Roadmap Directives and ECHR jurisprudence upon national conceptions of fair trial rights."

See: The shifting terrain for suspects’ rights in Europe – the right to legal assistance saga in the Netherlands (Fair Trials, link)

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