LegalPost.eu

Failure of a Member State to fulfil obligations: By allowing, as a general rule, suspects or persons under reasonable suspicion of having committed a criminal offence to be questioned without a lawyer if that lawyer does not attend within a certain period, Hungary and the Czech Republic have infringed EU law (Judgments of the CJEU in Cases C-660/24 | Commission v Hungary and C-681/24 | Commission v Czech Republic). The national legislation of those two Member States cannot be justified by the grounds exhaustively laid down in EU law that permit a temporary derogation from the right of access to a lawyer The directive on the right of access to a lawyer in criminal proceedings [1] provides that suspects and accused persons are to have the right of access to a lawyer in such time and in such a manner so as to allow the persons concerned to exercise their rights of defence practically and effectively. In the sets of proceedings for failure to fulfil obligations brought against Hungary and ...