Right of access to a lawyer: major step forward for improvement of citizens' procedural rights

Parliament today adopted with a large majority (661 for, 29 against, 8 abstentions) the Directive on the right of access to a lawyer in criminal proceedings and the European Arrest Warrant (EAW) proceedings, and on the rights to have a third party informed upon deprivation of liberty and to communicate, while deprived of liberty, with third persons and consular authorities.

The new law will guarantee that the suspected or accused persons in criminal proceedings 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. The new rules would also ensure that anyone arrested has the opportunity to communicate with their family. If they are in another EU country, they will have the right to be in contact with their country's consulate.

"The adoption of the third measure of the roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, represents a remarkable achievement and will improve judicial cooperation in the EU by enhancing mutual trust between EU countries and ensuring a high level of protection of fundamental rights.

Over the past years, the European Parliament has called several times for the need to strengthen procedural rights of the suspect and accused persons, stressing the need to strike the right balance between freedom, justice and security. Citizens have to be confident that their rights are fully respected and their security is provided when they are travelling and that they have the same guarantees in all the Member States.

This legal instrument will ensure that anyone who is a suspect, no matter where they are in the European Union, would be guaranteed the right to see a lawyer from the earliest stage of the proceedings until their conclusion", said Rapporteur Elena Antonescu MEP.

Access to effective defence in criminal proceedings is different 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 right of access to a lawyer for a suspected or accused person at the earliest appropriate stage is fundamental in order to safeguard citizens' rights to a fair trial and defence within criminal proceedings.