How are the member states progressing on transposition of Directive 2013/48/EU on the right of access to a lawyer?

Date01 March 2017
DOI10.1177/2032284417699294
Published date01 March 2017
Subject MatterArticles
Article
How are the member
states progressing on
transposition of Directive
2013/48/EU on the right of
access to a lawyer?
An inquiry conducted among the member
states with the special focus on how
Article 12 is transposed
Anneli Soo
Maastricht University, The Netherlands
Abstract
The deadline for transposition of the Directive 2013/48/EU was 27 November 2016. The author of
this article sent out a questionnaire to the ministries of justice of the member states, with the aim
of determining how the transposition of the Directive is evolving. Of the 25 member states that are
obliged to transpose the Directive, 22 answered the questionnaire. The questionnaire focused on
two aspects. First, the member states were queried about the amendments they have made or are
planning to make in their law on the right of access to a lawyer. Second, special attention was
devoted to remedies the member states have incorporated or are planning to incorporate in
their national law for violation of the right of access to a lawyer. Answers were received between
June 2016 and 4 October 2016. This article provides both an overview and an analysis of these
answers.
Keywords
Criminal proceedings, EU criminal law, right of access to a lawyer, transposition of the Directive
2013/48/EU, right to an effective remedy
Corresponding author:
Anneli Soo, Department of Criminal Law and Criminology, Faculty of Law, Maastricht University, The Netherlands.
Email: anneli.soo@maastrichtuniversity.nl
New Journal of European Criminal Law
2017, Vol. 8(1) 64–76
ªThe Author(s) 2017
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DOI: 10.1177/2032284417699294
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