This document is an excerpt from the EUR-Lex website
Document 32013L0048
Right to access a lawyer in criminal and European warrant arrest proceedings
Right to access a lawyer in criminal and European warrant arrest proceedings
SUMMARY OF:
WHAT IS THE AIM OF THE DIRECTIVE?
It aims to ensure that suspects and accused persons in criminal proceedings and requested persons in European arrest warrant proceedings (hereafter ‘citizens’) have access to a lawyer and have the right to communicate while deprived of their liberty.
KEY POINTS
Right of access to a lawyer
Citizens must have access to a lawyer without undue delay:
More specifically, the law covers:
As regards persons subject to a European arrest warrant, the directive lays down the right of access to a lawyer in the executing EU country and to appoint a lawyer in the issuing country.
Rights in the event of deprivation of liberty
Citizens deprived of liberty have the right, without undue delay:
If they are deprived of liberty in an EU country other than their own, they have the right to inform their consular authorities, to be visited by them, to communicate with them and to have legal representation arranged for by them.
Exceptions
The directive allows for the possibility to derogate temporarily from certain rights in exceptional circumstances and under strictly defined conditions (for example, where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person).
Legal aid
Directive (EU) 2016/1919 sets out common minimum rules concerning the right to legal aid for suspects, accused persons and requested persons ensuring the effectiveness of Directive (EU) 2013/48. It requires EU countries to ensure that suspects and accused persons who lack sufficient resources to pay for the assistance of a lawyer have the right to legal aid when the interests of justice so require. EU countries may apply a means test (to assess if the person lacks sufficient resources to pay for legal assistance), a merits test (to assess whether providing legal aid would be in the interest of justice ), or both to determine whether legal aid is to be granted.
Directive (EU) 2016/1919 is the last legal text planned as part the roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings adopted by the Council in November 2009.
This directive has to become law in the EU countries by 5 May 2019.
FROM WHEN DOES THE DIRECTIVE APPLY?
It has applied since 26 November 2013 and had to become law in the EU countries by 27 November 2016.
BACKGROUND
For more information, see:
MAIN DOCUMENT
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 (OJ L 294, 6.11.2013, pp. 1-12 )
RELATED DOCUMENTS
Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016, pp. 1-8)
Successive amendments to Directive (EU) 2016/1919 have been incorporated into the original document. This consolidated version is of documentary value only.
Commission Recommendation of 27 November 2013 on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings (OJ C 378, 24.12.2013, pp. 8-10)
Commission Recommendation of 27 November 2013 on the right to legal aid for suspects or accused persons in criminal proceedings (OJ C 378, 24.12.2013, pp. 11-14)
Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, pp. 1-10)
Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, pp. 1-7).
Resolution of the Council of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings (OJ C 295, 4.12.2009, pp. 1-3)
last update 23.11.2017