The right to legal aid in criminal proceedings

This recommendation seeks to improve the accessibility, quality and effectiveness of legal aid for suspects or accused persons in criminal and requested persons in European arrest warrant proceedings.

ACT

Commission recommendation of 27 November 2013 on the right to legal aid for suspects or accused persons in criminal proceedings.

SUMMARY

This Recommendation aims to ensure effective access to a lawyer in criminal and in European arrest warrant proceedings, by strengthening the right to legal aid for suspects, accused or requested persons (hereafter citizens).

Member States should inform the Commission on the measures they take to follow up on the recommendation within 36 months of its notification.

Assessment of the eligibility for legal aid

Citizens should be granted legal aid if they lack sufficient financial resources to meet the defence and proceedings' costs (means test), and/or when such aid is required in the interests of justice (merits test).

• Means test: the assessment of the applicant’s economic situation should be made on the basis of objective factors such as income, capital, etc. and the cost of a defence lawyer.
• Merits test: this should take account of the complexity of the case, the person’s social and personal situation, the seriousness of the offence and the severity of the potential penalty. When the penalty includes a custodial sentence, or when legal assistance is mandatory, the merits criterion should be considered as fulfilled.

Effectiveness of legal aid

An independent authority should decide promptly on the granting of legal aid, so as to allow citizens to prepare their defence. Citizens should have a right to review decisions rejecting their legal aid application.

Information on legal aid should be easily accessible and understandable by citizens, including information on how and where to apply, transparent eligibility criteria and information on the possibility of lodging complaints.

Quality of legal aid

A system of accreditation for legal aid lawyers should be put in place in all EU countries. This system should encourage lawyers to undergo continuous professional training.

EU countries must ensure that personnel involved in decision-making on legal aid in criminal proceedings receive appropriate training.

RELATED ACTS

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (Official Journal L 294 of 6 November 2013).

Proposal for a directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings (COM(2013) 824 final - not published in the Official Journal).

Last updated: 17.06.2014