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European Observer on fundamental right's respect

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Case Law [2009] IESC 71 (23/10/2009)

Type: Judgment

Authority: National Courts Supreme Court

Date: 10/23/2009

Subject: The Supreme Court, also recalling the ECHR’s norms, has stated that the lack of legal provisions allowing the claimant to obtain legal aid amounts to a violation of the rights of defence and to a fair trial and has therefore issued an order asking the public prosecutor to interrupt the criminal action until such situation has been solved.

Parties: Edward Carmody e the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

Original language: Irish

Classification: Justice - Art. 47 Fair trial, public hearing - Art. 48 Presumption of innocence - Rights of defence

Text download Irish