Ensuring fair trials: clearer EU-wide rules on access to a lawyer

Suspects or accused persons will be entitled to access to a lawyer before the start of any questioning by the police and throughout criminal proceedings wherever they are in the EU following an agreement reached by the European Parliament and Council negotiators on 28 May and endorsed today by the Civil Liberties Committee of the European Parliament.

Although the right of defence for anyone suspected of a crime is widely recognised as a basic element of a fair trial, the conditions under which suspects may consult a lawyer differ among Member States. Access to effective defence in criminal proceedings has a different extension in the Member States, depending both on the specific legal system and its practical application and this has an indirect but significant implication on the EU policy of mutual trust and recognition.

The draft Directive sets out EU-wide minimum rules on the right of access to a lawyer for suspects and accused persons and on the right of people in detention to communicate with a person of their choice, such as a relative, employer or consular authority.

"Today's vote in the Civil Liberties Committee represents an important step in achieving the aims of the roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings. The Directive will ensure that suspects and accused persons have appropriate access to a lawyer. It will also improve judicial cooperation in the EU by enhancing mutual trust between EU countries and ensuring a high level of protection of fundamental rights. Agreeing the Directive represents a remarkable achievement that will improve the lives of thousands of EU citizens”, said Rapporteur Elena Antonescu MEP.

Anyone will have the right to counsel prior to questioning regardless of where the European Arrest Warrant was initially issued. All communication with the lawyer will be confidential. The new rules would ensure that when someone is arrested they will have the right to communicate with a person of their choice (family, employer or consulate).

Anyone will have the right of access to a lawyer before they are questioned by the police and without undue delay from the deprivation of liberty. Member States will have to respect the confidentiality of both the meetings and the forms of communication between the suspect or accused person and his or her lawyer.

The compromise text is expected to be voted in the plenary in September and formally adopted by the Council shortly thereafter. Once adopted, Member States will have three years to transpose the Directive into national law.