Procedural Safeguards - Measure C

Enhanced rights for accused persons agreed by Irish Presidency

The Irish Presidency today secured agreement with the European Parliament on a new Directive which guarantees those suspected or accused of a crime the right to access a lawyer. The proposed Directive aims to set common minimum standards on the rights of suspects and accused persons in criminal and European Arrest Warrant (EAW) proceedings throughout the European Union to have access to a lawyer and to have a third party informed when they have been detained.  Enhancing the rights of citizens and the rule of law is an important priority of Ireland’s Presidency. Read the full Presidency programme.

Minister Shatter – “This measure is a further step to ensuring common standards in criminal proceedings across the EU. These standards are essential to ensuring mutual trust between Member States and the protection of the rights of all our citizens.” Welcoming the agreement Ireland’s Minister for Justice, Equality and Defence, Alan Shatter said: “Procedural rights and the rule of law are at the very heart of justice systems across the EU.  We can only be certain of achieving fair and robust judicial decisions where the rights of the accused are adequately protected. This measure is a further step to ensuring common standards in criminal proceedings across the EU. These standards are essential to ensuring mutual trust between Member States and the protection of the rights of all our citizens.” This proposal is one of a number of measures forming part of the procedural rights roadmap which was adopted in the Justice and Home Affairs Council in November 2009.  The Roadmap invited the Commission to bring forward legislative proposals on various procedural rights of suspects or accused persons in criminal proceedings, including the measure agreed today.  Other measures under the Roadmap concerning the right to information and the right to interpretation and translation have already been adopted. The Presidency’s agreement with the European Parliament will now have to be confirmed by the Council and by the European Parliament before the measure is adopted. (29 May 2013)

Joint briefing on the Directive on the right of access to a lawyer in criminal proceedings and the right to inform a third party upon deprivation of liberty

Click here for the joint NGO briefing of 15 April 2013 submitted to the EP (Rapporteur and shadows) and to the Council ahead of the trilogue on Wednesday, 17 April, by  Amnesty International, European Criminal Bar Association (ECBA), Fair Trials International, Irish Council for Civil Liberties, JUSTICE and Open Society Justice Initiative. The situation is very serious because there is a concrete danger that the negotiations in the trilogue of EC, EP and Council emerge as a bad compromise weakening the fundamental rights of EU citizens in criminal proceedings.

Read more...

Progress Report 3 December 2012

Please click here for the progress report (3 December 2012) on the Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest [First reading].

ECBA CORNERSTONES ON ACCESS TO A LAWYER IN CRIMINAL PROCEEDINGS

The ECBA is extremely concerned about the General Approach of the Member States agreed on 8 June 2012. The rapporteur of the LIBE Committee of the European Parliament (Ms Antonescu) and the MEPs that are backing her report of 7 February 2012 deserve respect and support in their political fight for the Directive. It is a fight for fundamental rights of innocent European citizens.

Read more...

European Commission adopts Draft Directive on Right to have Access to a Lawyer

JOINT STATEMENT OF NINE ORGANIZATIONS ON MEASURE C1

Please click here to find a joint statement (7 May 2012) addressing the Council of the European Union’s revised text of the Directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest. This joint statement makes recommendations for amendments to the revised text, in order to ensure that any resulting Directive upholds the minimum human rights standards for fair trials. This statement has been sent to the Council of the European Union, and the Presidency
Civil Liberties, Justice and Home Affairs, Committee of the European Parliament European Commission, DG Justice

Read more...

Working Paper - Impact Assessment - Measure C and D

Click here for the COMMISSION STAFF WORKING PAPER on IMPACT ASSESSMENT
accompanying the Proposal for a Directive of the European Parliament and of the Council on the rights of access to a lawyer and of notification of custody to a third person in criminal prodeedings.