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,
under a deal struck by Parliament and Council negotiators on 28 May and
endorsed by the Civil Liberties Committee on Wednesday.
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. 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 represents an important step in
strengthening the procedural rights of suspected or accused persons in criminal
proceedings. The directive will ensure that they 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. This directive is a remarkable achievement that will
improve the lives of thousands of EU citizens", said rapporteur Elena
Antonescu (EPP, RO).
No questioning without a lawyer
Suspects or accused persons would have a right of access
to a lawyer before they are questioned by the police and without undue delay
from the time of deprivation of liberty. This right must also apply throughout
criminal proceedings. The new rules also allow lawyers to participate
effectively during the questioning and attend certain investigative or
evidence-gathering acts, such as identity parades and experimental
reconstructions of the crime scene.
Confidentiality of
communications
Member states must respect the confidentiality of
meetings and other forms of communication between the suspect or accused person
and his or her lawyer "without derogation" (exception), says the
compromise text.
Right to contact relatives or a
consulate
The new rules would ensure that when a person is
arrested, he/she has the right to communicate with a person of his/her choice,
such as a family member, partner or employer. If outside his or her home
country, the arrested person would have the right to contact that country's
local consulate.
European Arrest Warrant
Persons subject to a European Arrest Warrant (EAW) would
have the right of access to a lawyer both in the executing and in the issuing
member state. Currently, they may not have access to a lawyer in the country
where the warrant has been issued until they are surrendered to that country.
Next steps
The compromise text is expected to be voted by the full
House after the summer break and to be formally adopted by the Council shortly
thereafter. Once adopted, member states will have three years to transpose the
directive into national law.
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