EU fair trial rights proposal

A European Commission proposal to guarantee the rights of all citizens to be advised by a lawyer when facing criminal proceedings has moved a step closer to agreement, after a breakthrough in negotiations between the European Parliament and the Council of Ministers.

The draft law would mean all suspects – no matter where they are in the European Union – would be guaranteed the right to be advised by a lawyer from the earliest stages of proceedings until their conclusion. Where a suspect is arrested the new rules are aimed at ensuring that the person has the opportunity to communicate with their family. If they are outside of their country, they would have the right to be in contact with their country’s consulate.

Access to a lawyer rights are considered essential for building confidence in the European Union’s single area of justice, especially when suspects are arrested as a result of a European Arrest Warrant.

The proposed right of access to a lawyer is the third Directive in a series of proposals to guarantee minimum rights to a fair trial anywhere in the European Union. The others are the right to translation and interpretation and the right to information in criminal proceedings. These measures aim to establish clear rights across the EU and safeguard people's fundamental rights to a fair trial and the right of defence.

The proposals need approval from the European Parliament and Council of Ministers before becoming law.

The proposed Directive would guarantee suspects’ rights in practice, by:

* providing access to a lawyer from the first stage of police questioning and throughout criminal proceedings;

* allowing adequate, confidential meetings with the lawyer for the suspect to effectively exercise their defence rights;

* allowing the lawyer to play an active role during questioning;

* making sure that, where a suspect is arrested, somebody such as a family member is made aware of that arrest and that there is an opportunity for the suspect to communicate with their family;

* allowing suspects abroad to be in contact with their country's consulate and receive visits;

* offering people subject to a European Arrest Warrant the possibility of legal advice in both the country where the arrest is carried out and the one where it was issued.

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