Rights in criminal proceedings: European Commission calls members-states to transpose correctly EU rules

The European Commission decided to start infringement proceedings against Belgium, Czechia, Germany, and France by sending letters of formal notice for failing to transpose correctly EU rules on access to a lawyer and on the right to communicate upon arrest (Directive(EU) 2013/48). The Directive is part of the EU's legal framework on fair trials ensuring that the rights of suspects and accused persons are sufficiently protected. The Commission considers that certain national transposition measures notified by the four Member States fall short of the requirements of the Directive. In particular, the Commission has identified shortcomings in relation to possible derogations from the right of access to a lawyer as well as from the right to have a third person informed when being deprived of liberty. The Member States now have two months to reply and take the necessary measures to address the shortcomings identified by the Commission. Failing this, the Commission may decide to go to the next stage of infringement proceedings by sending a reasoned opinion. More details about the Directive can be found in this factsheet.

In addition, the Commission decided to open infringement proceedings against Bulgaria, Ireland, Latvia, and Portugal by sending letters of formal notice for non-conformity of their national legislations with EU rules on the right to information in criminal proceedings (Directive(EU) 2012/13). The Directive guarantees that people who face criminal proceedings in the EU are promptly informed of their rights in criminal proceedings, including accusations, access to lawyer or free legal advice. The Directive is part of the EU's legal framework on fair trials ensuring that the rights of suspects and accused persons are sufficiently protected. The Commission considers that some of the transposition measures notified by the four Member States do not adequately transpose the Directive and fall short of the requirements of the Directive. The Member States now have two months to reply and take the necessary measures to address the shortcomings identified by the Commission. Failing this, the Commission may decide to go to the next stage of infringement proceedings by sending a reasoned opinion. More details about the Directive can be found in this factsheet. (source: europa.eu/ photo:pixabay)

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Editorial

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George Kazoleas, Lawyer

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