H. The role of the lawyer in the Issuing State

The EAW is merely a tool for giving effect to criminal prosecution in the Issuing State. Therefore the root of the problem is in the Issuing State and can only be solved in the long-term with the intervention of a lawyer there. Therefore it is apparent that the effective exercise of a person’ rights in the scope of EAW proceedings is not possible without dual representation.

The arrested person has the right to the assistance of a lawyer in the Issuing State pursuant to Directive 2013/48/EU on the right of access to a lawyer. This states that the ISL’s role is:

“to assist the lawyer in the executing Member State by providing that lawyer with information and advice with a view to the effective exercise of the rights of requested persons under Framework Decision 2002/584/JHA” (article 10 (4) Directive 2013/48/EU).

This Directive recognised explicitly the need for “dual representation” or “double defence” in EAW cases, which had been advocated for many years.