"DUAL LEGAL REPRESENTATION" OF A REQUESTED PERSON IN EUROPEAN ARREST WARRANT PROCEEDINGS - REMARKS FROM THE POLISH PERSPECTIVE

This paper focuses on the question 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. It explores both perspectives: dual legal representation in proceedings concerning execution of EAW conducted by Polish authorities as well as the right to appoint a lawyer in Poland by the requested person in a case where the EAW is issued by the Polish authorities. The scope of the ensuing analysis is confined to EAWs issued for prosecution of the requested person. Although both above mentioned provisions of EU Directives have not been transposed into Polish national law, their direct application may ensure full exercise of the requested person's right to dual representation. Thanks to the fact that, in Poland, the requested person is treated as a quasi-defendant in criminal proceedings, the Code of Criminal Procedure offers a legal framework allowing for appointment of a defence lawyer in Poland as the executing state.