Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law

European Union Law › Human Rights

Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law

By Jill Coster van Voorhout
Brill Nijhoff November 2016

Specifications

ISBN-13
9789004319363
Publisher
Brill Nijhoff
Publication
November 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law, Dr. Jill E.B. Coster van Voorhout, LL.M, MSc examines the extent to which ineffective legal assistance and its redress for the accused in the Netherlands abide by minimum guarantees set by the European Court on Human Rights regarding the right to an effective defence in a fair trial. Coster van Voorhout demonstrates convincingly that, currently, Dutch law and case law do not fully guarantee the right to effective legal assistance and related minimum guarantees. This book offers recommendations as to how redress for ineffective legal assistance could better conform to the relevant ECHR standards.

Table of Contents

PART I
INTRODUCTION
CHAPTER 1. INTRODUCTION
1.1. Introduction
Three elements of an effective defence
1.2. Central question
1.3. Method and relevance
1.4. Relevance and key terms
1.5. Outline
CHAPTER 2. CONCEPTUAL FRAMEWORK
2.1. Introduction
2.2. Conceptual framework
2.3. Outline for the subsequent analyses of the Convention and Dutch criminal proceedings
2.4. Conclusion
PART II
SUBSEQUENT ANALYSES
CHAPTER 3. ANALYSIS OF THE CONVENTION
3.1. Introduction
3.2. Factors impacting on the subsequent Court’s case law analysis
3.3. The right to counsel under the Convention and EU Directive 2013/48/EU
3.4. Conclusion
CHAPTER 4. ANALYSIS OF DUTCH CRIMINAL PROCEEDINGS
4.1. Introduction
4.2. Factors impacting on the subsequent analysis of Dutch criminal procedure
4.3. Factors impacting on the effectiveness of legal assistance
4.4. Factors impacting on ineffective legal assistance assistance and its redress
4.5. Conclusion
PART III
RIGHT TO COUNSEL
CHAPTER 5. RIGHT TO COUNSEL UNDER THE CONVENTION
5.1. Introduction
5.2. Right to counsel
5.3. Right to counsel: Stages of the procedure
5.4. The Convention right to effective legal assistance?
5.5. Conclusion
CHAPTER 6. RIGHT TO COUNSEL IN DUTCH CRIMINAL PROCEDURE
6.1. Introduction
6.2. Right to counsel in Dutch criminal procedure
6.3. Right to counsel: Stages of Dutch criminal procedure
6.4. Waiver of the right to counsel and the right to proceed pro se?
6.5. Conclusion
6.6. Overall conclusion Part III Right to counsel
PART IV
LAWYER-CLIENT RELATIONSHIP
CHAPTER 7. LAWYER-CLIENT RELATIONSHIP UNDER THE CONVENTION
7.1. Introduction
7.2. Lawyer-client relationship
7.3. Counsel’s control over strategy
7.4. Counsel as advisor and accused as decision-maker about “personal” rights at least
7.5. Conclusion
CHAPTER 8. LAWYER-CLIENT RELATIONSHIP IN DUTCH CRIMINAL PROCEDURE
8.1. Introduction
8.2. The lawyer-client relationship
8.3. Counsel’s control over strategy under Dutch law?
8.4. Counsel as advisor and the accused as decision-maker under Dutch law?
8.5. Conclusion
8.6. Overall conclusion Part IV Lawyer-client relationship
PART V
STATE INTERFERENCE WITH COUNSEL
CHAPTER 9. STATE INTERFERENCE WITH COUNSEL UNDER THE CONVENTION
9.1. Introduction
9.2. State-imposed restrictions on counsel
9.3. Defective appointment of legal aid counsel
9.4. State interference in the lawyer-client relationship
9.5. Conclusion
CHAPTER 10. STATE INTERFERENCE WITH COUNSEL IN DUTCH CRIMINAL PROCEEDINGS
10.1. Introduction
10.2. State-imposed restrictions on counsel
10.3. Defective appointment of legal aid counsel?
10.4. State interference in the lawyer-client relationship?
10.5. Conclusion
10.6. Overall conclusion Part V: State interference with counsel
PART VI
INTERVENTION DUE TO INEFFECTIVE LEGAL ASSISTANCE
CHAPTER 11. INTERVENTION DUE TO INEFFECTIVE LEGAL ASSISTANCE UNDER THE CONVENTION
11.1. Introduction
11.2. An intervention in the case when confronted with ineffective legal assistance
11.3. THE MEANS OF INTERVENTIONS IN THE CASE BY THE AUTHORITIES UNDER THE CONVENTION
11.4. Conclusion
CHAPTER 12. INTERVENTION DUE TO INEFFECTIVE LEGAL ASSISTANCE IN DUTCH CRIMINAL PROCEDURE
12.1. Introduction
12.2. Ineffective legal assistance?
12.3. Witness requests
12.4. Appeal and grounds for appeal in cassation
12.5. Substantive defences
12.6. Conclusion
12.7. Overall conclusion Part VI Intervention due to ineffective legal assistance
PART VII
CONCLUSION, RECOMMENDATIONS, AND A SUMMARY
CHAPTER 13. CONCLUSION AND RECOMMENDATIONS
13.1. Introduction
13.2. The evaluation of the relevant Convention minimum guarantees
13.3. The evaluation of compliance of Dutch criminal proceedings
13.4. Recommendation: A new approach to redress for ineffective legal assistance
Literature List
Case Law Overview
Index.
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