A dangerous tendency to excessively employ the European Arrest Warrant (EAW) still persists, whereas in many cases it would be possible to use other measures. Such was a conclusion of the debate at the annual conference of the Legal Expert Advisory Panel to Fair Trials International. Advocate Mikołaj Pietrzak participated in the meeting.
Constitutional Tribunal: Prohibition of Ritual Slaughter Violates the Constitution and the European Convention on Human Rights
The Polish Constitutional Tribunal ruled that the prohibition of ritual slaughter and establishment of criminal liability for its performance violate the Polish Constitution and the European Convention on Human Rights (Convention). The application to the Constitutional Tribunal was prepared by advocate Mikołaj Pietrzak, advocate Paweł Osik and Małgorzata Mączka-Pacholak, lawyers with the Pietrzak Sidor & Partners Law Firm.
In the last three years, the European Union has introduced three new Directives which aim at strengthening procedural rights of suspects and accused persons in criminal proceedings. The new Directives regulate, among others, the right to information and the right of access to a lawyer. “The law usually ends where the problem begins. So is the case here,” said advocate Mikołaj Pietrzak during a training session on the application of these Directives, organised by the Fair Trials International for lawyers from EU member states.
The legal professional privilege (LPP) is among the foundations of the right to defence. An advocate has to keep confidential all that he or she has learnt from the client in connection with providing legal aid. The obligation is not limited in time, and the advocate cannot be relieved of it in relation to the facts revealed to him or her while providing legal advice and conducting the case.