New article on dual legal representation in EAWs in Poland

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Prof. Dr. Malgorzata Wasek-Wiaderek, our Polish Partner, published an article about the adequacy of the national legal framework for dual representation of the requested person in EAWs.

The article focuses on the question of whether Polish law offers an adequate legal framework for dual representation, as required by Article 10 of the EU Directive 2013/48 and Article 5 of EU Directive 2016/1919. By exploring both perspectives, concerning the execution of EAW conducted by Polish authorities as well as the case where the EAW is issued by the Polish authorities, the article concludes that the requested person is treated as a quasi-defendant in criminal proceedings, which enables the appointment of a defense lawyer also when Poland acts as an executing state.