A plea for common standards on the lawyer-client privilege in EU cross-border criminal proceedings in light of advancing digitalisation

• Autores: Lorena Bachmaier Winter
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 3, 2024 (Ejemplar dedicado a: Digitalisation of Justice), págs. 222-229
• Idioma: inglés
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• Resumen

  • While the right to lawyer-client confidentiality has long been recognised as a fundamental right enshrined in the right to legal assistance and the right of defence, its practical implementation does not seem to provide adequate safeguards. Many EU Member States still lack clear rules on how to ensure that privileged communications are not captured during the interception of communications and the search/seizure of computers during criminal investigations. Also, OLAF investigations struggle with deficiencies in safeguarding the lawyer-client privilege. Taking the case law of the European Court of Human Rights as a starting point to identify common standards on the lawyer-client privilege in criminal proceedings, this article argues that there is a need for the European Union to take legislative action to ensure the effective protection of this right.