Proposal for a Directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings

Author (Corporate)
Series Title
Series Details (2013) 824 final (27.11.13)
Publication Date 27/11/2013
Content Type

This proposal for a Directive of the European Parliament and the Council aims to set common minimum standards on the right to provisional legal aid for suspects or accused persons in criminal proceedings when they are deprived of liberty and for provisional legal aid and legal aid for persons subject to proceedings pursuant to Framework Decision 2002/584/JHA on the European arrest warrant ("requested persons").

The Stockholm Programme put a strong focus on the strengthening of the rights of individuals in criminal proceedings. The European Council invited the Commission to put forward proposals setting out a step by step approach to strengthening the rights of suspects and accused persons by setting common minimum standards on fair trial rights.

The measures deal with distinct procedural rights for suspects or accused persons which have been identified by Member States and stakeholders alike as needing to be strengthened by action at EU level, and thus have to be considered as a building-block for a whole edifice.

Three measures have already been adopted:
- Directive 2010/64/EU of the European Parliament and of the Council on the right to interpretation and translation in criminal proceedings in October 2010
- Directive 2012/13/EU of the European Parliament and of the Council on the right to information in criminal proceedings in May 2012
- Directive 2013/48/EU of the European Parliament and of the Council 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 in October 2013.

Measures on the protection of vulnerable persons suspected or accused in criminal proceedings are presented as a package with the present initiative, together with a Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings, which form part of the underlying principles of the right of fair trial.

Source Link Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2013:824:FIN
Related Links
EUR-Lex: COM(2013)824: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:824:FIN
EUR-Lex: SWD(2013)476: Impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:476:FIN
EUR-Lex: SWD(2013)477: Executive summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:477:FIN
EUR-Lex: SWD(2013)499: Implementation plan http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:499:FIN
ESO: Background information: The Right to… - a Fair Trial! Commission wants more safeguards for citizens in criminal proceedings http://www.europeansources.info/record/press-release-the-right-to-a-fair-trial-commission-wants-more-safeguards-for-citizens-in-criminal-proceedings/

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