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 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: sociolegal research & comparative analysis (Council Regulation (EC) 168/2007 of 15 /02/2007) Mission to help make fundamental rights a reality for everyone in the EU promote dialogue with civil society to raise public awareness of rights and actively disseminate information about its work 2 Management Board Planning and Monitoring, 1/MS + 1CoE + 2 COM Executive Board Prepares decisions by MB, advises Director National Liaison Officers 28, respective MS appoints Director Scientific Committee Appointed by MB Implements tasks & manages staff 11 independent members appointed by MB Fundamental Rights Platform Civil society representatives (links with over 300 organisations) 3 EU institutions, bodies, offices, agencies EU bodies, offices and agencies Evidence gathering Analysis/ Opinions (again, input and advice from stakeholders) Evidence gathering / Data collection Project formulation Member State governments Evidence gathering UN, OSCE/ODIHR, IGOs EU Member States ASSISTANCE AND EXPERTISE - evidence-based advice - bodies, offices, agencies of the Member States National human rights bodies Council of Europe Cooperation Mapping policy needs - problem identification (with important input from stakeholders) Civil society / Fundamental Rights Platform Public awareness raising Cooperation 4 FRA’s evidence-based advice Comparative reports, surveys, focus papers, handbooks for legal practitioners, opinions, online data & maps, infographics http://fra.europa.eu/en/publications-andresources/publications 5 EU Treaties Council Reg. 168/2007 15 Feb 2007 (FRA) MAF: Multi-annual Framework (2013-2017) 9 Thematic Areas a) Access to justice b) Victims of crime, including compensation to victims c) Information society, private life and personal data d) Roma integration e) Judicial cooperation, except in criminal matters f) Rights of the child g) Discrimination on all grounds h) immigration, visa and border control and asylum i) Racism, xenophobia & related intolerance 6 Freedoms Equality Justice Cross-cutting AWP 2014 AWP 2015 AWP 2016 Inter-Agency: Borders, asylum, etc Severe forms of labour exploit. Biometric data in large databases Intelligence and surveillance HBon data protection Inter-Agency: Borders, asylum, etc Severe forms of labour exploit. Biometric data in large databases Intelligence and surveillance Inter-Agency: Borders, asylum, etc Severe forms of labour exploit. Biometric data in large databases Intelligence and surveillance Social inclusion, migrant particip. Survey of Jews LGBT (indicators) LGBT (survey) Children with disabilities Disability indicators Roma (e) S’Cool agenda Children and justice Antisemitism: data, training, etc EU-MIDIS II Surveying LGBT – local authorities Rights of persons with disabilities HB on rights of the child Roma Antisemitism: data, training, etc EU-MIDIS II Surveying LGBT – local authorities Rights of persons with disabilities HB on rights of the child Roma Free movement Children and justice Antisemitism: data, training, etc EU MIDIS II Surveying LGBT – local authorities Rights of persons with disabilities HB on non-discrimination (update) Roma Free movement Handbook on rights of the child Child well-being and poverty WG on hate crime Victim support services Freedom to conduct business Violence against women C.L.A.R.I.T.Y. Joined-up governance Victim support services Freedom to conduct business Violence against women C.L.A.R.I.T.Y. Fundamental rights survey Rights of victims of crime – A2J Prisons and detentions HB on access to justice Rights in criminal procedures Prisons and detentions HB on access to justice Violence against women C.L.A.R.I.T.Y. Fundamental rights survey Rights of victims of crime – A2J Improving access to justice Rights in criminal procedures C.L.A.R.I.T.Y. Fundamental rights survey Rights of victims of crime – A2J Improving access to justice Rights in criminal procedures Additional activities for all areas Additional activities for all areas Additional activities for all areas Annual Reports Fundamental Rights Conference FRA Europe Day-Symposium Stakeholder, communication, etc Bodies (MB, SC, etc) Monitoring and evaluation Annual Reports FRA conferences Stakeholder, communication, etc Annual Reports FRA conferences Stakeholder, communication, etc Bodies (MB, SC, etc) Monitoring and evaluation Bodies (MB, SC, etc) Monitoring and evaluation Annual Reports Fundamental Rights Conference FRA Europe Day-Symposium Stakeholder, communication, etc Bodies (MB, SC, etc) Monitoring and evaluation Complimentary data collection Complimentary data collection Complimentary data collection Complimentary data collection Children and justice FRA’S projects (annual work programmes) 2013-2016 AWP 2013 Inter-Agency: Borders, asylum, etc Severe forms of labour exploit. Data protection, redress Private v. Public – digital era Handbook on data protection 7 8 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/rightinterpretation-and-translation-and-right-informationcriminal-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) 9 INFOCRIM project looks at: procedural safeguards practices to accommodate needs of vulnerable suspects/accused use of communication technologies/etools Issues with direct relevance for enjoyment of access to justice complaint mechanisms … 10 Methodology: • Mainly desk research, but certain information will be crosschecked 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 11 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 12 Results and further information • Early 2016: comparative report • More information: Contact access2justice@fra.europa.eu • FRA publications all online: http://fra.europa.eu/en/publicationsand-resources • Access to justice-related publications: http://fra.europa.eu/en/theme/access-justice 13 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? 14 Thank you for your attention! access2justice@fra.europa.eu fra.europa.eu