LegalPost.eu

The European Investment Bank (EIB), the European Union's bank, is seeking to recruit for its Legal Directorate (JU), Legal Department, Operations 1 (OPS 1), New Products Division (NP) at its headquarters in Luxembourg, a (Associate) Officer Legal Services – Venture Debt. This is a full time, temporary position at grade 4/5. The term of this contract will be until 31st December 2022. Panel interviews are anticipated to take place during November.  The New Products Division deals with EIB new products development and implementation, including corporate finance, infrastructure finance and structured finance for financial intermediaries (risk sharing, securitisation). The Division also handles for the Legal Directorate a broad range of transversal matters including the legal aspects of implementation of new policy or strategic initiatives, and questions of contractual standards/templates for EIB lending operations. Deadline for applications: 11th ...

The Council of Europe issued a  Recommendation  to its 47 members states containing new guidelines regarding the assessment, management and reintegration of persons accused or convicted of a sexual offence. Adopted by the Committee of Ministers, the Recommendation aims to guide national authorities in their legislation, policies, and practice to prevent and reduce sexual reoffending. The Committee of Ministers recommends that risk assessments, treatments and intervention plans be individually tailored to persons accused or convicted of sexual offences. Prison services and probation agencies should manage and seek to reintegrate persons accused or convicted of a sexual offence in line with the risk they pose. Therefore, the focus should be on an individual’s distinct needs rather than the type of offence committed, especially concerning interventions or treatments. Whilst noting that cooperation between offenders and the professionals is central for effective reintegrat...

In Chamber's judgment (19/10/2021) in the case of Vedat Şorli v. Turkey (application no. 42048/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the sentencing of the applicant to a term of imprisonment – with delivery of the judgement suspended for five years – for insulting the President of the Republic, on account of two posts which he shared on his Facebook account. The content comprised, among other things, a caricature and a photograph of the President of the Republic accompanied by satirical and critical comments concerning him.  The judgment convicting the applicant was based on Article 299 of the Criminal Code, which afforded a higher level of protection to the President of the Republic than to other persons. The Court found in particular as follows.  - There had been no justification in the present case for Mr Şorli’s placement ...

Article by Giorgos Kazoleas, Lawyer LL.M. The right to communicate with a lawyer since the very beginning of the criminal proceedings is an important aspect of the right of access to a lawyer. Article 6 (3) (c) of the ECHR and Article 48 (2) of the EU Charter of Fundamental Rights expressly guarantees the right to legal aid in criminal matters. The right to legal aid applies throughout the criminal proceedings, i.e. from the police interrogation -and more precisely, before the commencement of the interrogation - to the termination of the second instance appeal. Suspects or defendants must have access to a lawyer without undue delay. The term "lawyer" refers to any person who, in accordance with national law, is qualified and entitled, inter alia, through accreditation to an authorized body, to provide legal advice and legal assistance to suspects or accused persons. The relevant Directive 2013/48 / EU [1] , delimits the time frames during which the arrested suspect or acc...

In European Court of  Human Rights Chamber judgment in the case of Carter v. Russia (application no. 20914/07) the Court held unanimously, that there had been a failure by the Government to comply with their obligations under Article 38 (obligation to furnish necessary facilities for the examination of a case) of the European Convention on Human Rights, and by 6 votes to 1, a violation of Article 2 (right to life) in its substantive and procedural aspects. The case concerned the poisoning and death of the applicant’s husband, Aleksandr Litvinenko, in the United Kingdom, and the investigations into his death. Mr Litvinenko had worked for the Russian security services before defecting to the United Kingdom where he was granted asylum. In 2006 he was poisoned with polonium 210 (a radioactive substance) in London and died. A public inquiry in the UK found that the assassination had been carried out by a certain Mr Lugovoy and a Mr Kovtun, who had been acting on behalf of someone e...

High Representative on behalf of the European Union and the Secretary-General on behalf of the Council of Europe made a joint statement on the European and World Day against the Death Penalty (10 October 2021): "The European Union and the Council of Europe reaffirm their firm opposition to capital punishment at all times and in all circumstances. The death penalty is a cruel, inhuman and degrading punishment contrary to the right to life. Its abolition is essential to ensure respect for human dignity.  This year’s World Day is dedicated to women. Although women represent a small percentage of global death sentences, gender-based discrimination continues to impact women at all levels of the criminal justice system. In some countries, women are sentenced to death at higher rates than men for offences linked to sexual morality, such as adultery. Moreover, mitigating circumstances related to gender-based violence and abuse are rarely taken into consideration during the criminal proces...

The next Fundamental Rights Forum will take place in Vienna on 11 and 12 October 2021. It aims to get back to basics reasserting how human rights matter and rebuild trust to show that Europe cares for its people. The Fundamental Rights Forum is the centre stage for human rights dialogue. It will build a vision of hope in a post-pandemic world, shaping and proposing ideas and solutions, in the face of pressing human rights challenges in the European Union and beyond. It will bring together those who strive to foster strong, inclusive and cohesive democratic societies. This includes human rights institutions, defenders and practitioners, as well as a wide range of partners and social actors, with a particular focus on youth and young people. For more information on past Fora visit:  https://fundamentalrightsforum.eu/

The Data Protection Function (DPF) of Europol provides objective assurance and consultation activities designed to add value and improve data processing operations at Europol.  Under Europol’s organisational structure, the Data Protection Function (DPF) is an independent function of the Management Board headed by the Data Protection Officer (DPO) who is appointed by and accountable to the Management Board. The Data Protection Officer’s main task is to ensure. In an independent manner, lawfulness and compliance with Europol’s legal framework as far as the processing of personal data is concerned. The position is in collaboration with Europol Innovation Lab which leads Europol’s involvement in EU Security Research programmes and coordinates the implementation of four H2020 projects (AIDA, GRACE, INFINITY and STARLIGHT), for which Europol is in charge of a number of deliverables. The post holder supports the day-to-day work of the Data Protection Function (DPF) by contributing t...

"Adoption of technology by law firms - fact or fiction?" ( 12 Oct 2021  1300 - 1400 BST) - A webinar presented by the IBA Law Firm Management Committee This webinar will use a survey which will be circulated among members as the basis for discussions. The survey will ask questions to determine the real adoption/use of technology by law firms and legal practitioners: • Has the legal profession embraced legal tech, and if so what is the reality? • What time of tech tools are being used; how is tech being adopted; and is it across the firm or just pockets of professionals within the firm? • Are firms spending money on legal tech, and what is the difference between those who are and those who do not have the budget for sophisticated legal tech solutions? • What do clients expect in terms of firms’ ‘tech’ offering, and why? Certificates of attendance for each session will be provided, automatically, to all delegates who have registered in advance and attended the liv...

The European Commission decided to start infringement proceedings against Belgium, Czechia, Germany, and France by sending letters of formal notice for failing to transpose correctly EU rules on access to a lawyer and on the right to communicate upon arrest ( Directive(EU) 2013/48 ). The Directive is part of the EU's legal framework on fair trials ensuring that the  rights of suspects and accused persons  are sufficiently protected. The Commission considers that certain national transposition measures notified by the four Member States fall short of the requirements of the Directive. In particular, the Commission has identified shortcomings in relation to possible derogations from the right of access to a lawyer as well as from the right to have a third person informed when being deprived of liberty. The Member States now have two months to reply and take the necessary measures to address the shortcomings identified by the Commission. Failing this, the Comm...