Making Defence Rights Practical and Effective: Towards an EU Directive on the Right to Legal Advice
| Date | 01 September 2011 |
| Author | Catherine Heard,Rebecca Shaeffer |
| DOI | 10.1177/203228441100200305 |
| Published date | 01 September 2011 |
| Subject Matter | Dedicated Section |
270 Intersentia
MAKIng DefenCe RIgHts PraCtiCal and
EffECtivE: toWARDs An eu DIReCtIVe
on tHe RIgHt to LegAL ADVICe
C H and R S*
is article outlines the key elements of a new law proposed by the European Commission
aimed at ensuring proper access to legal advice and representation for s uspects in
criminal proceedings in any European Union country. It also reports on how the proposed
directive has be en received, including criti cisms by Belgium, France , Ireland, the
Netherlands and the United Kingdom.
In June 2011, the European Commission proposed a new law to guarantee anyone
facing crimi nal charges in the EU the rig ht of immediate and condential access to a
lawyer. It gives suspects the right to communicate, on arrest, with fam ily members
and to have consular ocials notie d where non-nationals are ar rested. e proposal
also contai ns legal representation safegu ards for people facing ex tradition under the
European Arrest Warra nt, Europe’s fast-track ex tradition regime.
1. CONTEXT THE “ROADMAP” OF PROCEDURAL
RIGHTS
e proposed new law is part of a wider pac kage of basic defence rights known as the
“Roadmap” of proce dural safeguards for acc used pers ons. Aer years of political
deadlock in defence rights reform the Roadmap was adopted by the European Counci l
in December 2010. It represents an important recognition of the need to build a proper
basis for mutu al t rust a s a foundation for e ver greater mutual recognition of EU
decisions. Legis lative action under the Roadmap was widely seen as a necessary s tep
towards bridging the gap between t he t heoretical right to a fair trial under t he
European Convention on Human Rights and the realit y on the ground in many EU
countries.
* Respectively, Head of Policy and Legal Caseworker at Fair Trials Internationa l (FTI). FTI is a chari ty
that camp aigns on beha lf of those facing crim inal charges in a countr y other tha n their own. FTI
provides assistance to individua ls throu gh its dedicated casework team, while ghti ng the
underlying c auses of injustice th rough policy inter ventions, research, tr aining and camp aigns.
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