This document is an excerpt from the EUR-Lex website
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).
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.
REFERENCES
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Commission Recommendation |
- |
- |
OJ C 378 of 24.12.2013 |
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