Directive 2013/48/UE of the European Parliament and of the council of 22 October 2013 on the rights of access to a lawyer and to communicate in criminal proceedings: reality at last?
Keywords:
European Union, procedural rights, roadmap, measure C, access to a lawyer, right to communicate, arrest and/or deprivation of liberty, legal aidAbstract
On October 22, 2013, approval was finally given to the long-awaited Directive on the right to a lawyer in criminal proceedings and to communication upon arrest and throughout the period of detention. Hardly surprisingly, the negotiations over such procedural rights, especially the first, the cornerstone of the right to a legal defence have entailed numerous vicissitudes and delays, in large part the reason for their failure, since the initial legislative proposal on procedural rights published by the Commission in 2004. The intention here is now to analyse these legal precedents and the regulatory framework of the present European rule, as well as to add some brief comments on its scope and content. Doubts arise over whether the guarantees in the final text have not been significantly weakened in relation to the initial project presented in its day, given the difficulty of achieving the necessary consensus within the Council.Downloads
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