Report on the implementation of Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings

Summary:

Report presented on 26 September 2019 by the European Commission on the implementation of legislation aimed at strengthening the procedural rights of suspected or accused persons in criminal proceedings.

Further information:

Directive 2013/48/EU 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, is the third instrument adopted under the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.

The Directive deals with suspects and accused persons’ rights to access a lawyer irrespective of whether they are deprived of liberty. It also deals with their right to communicate with their family, relatives, other third persons and with consular authorities when deprived of their liberty.

This report focuses on the measures Member States have taken so far to implement the Directive. It assesses whether Member States implemented the Directive within the specified timeframe, and whether national legislation achieves the objectives and fulfils the requirements of the Directive.