European Commission calls on Italy and Poland to correctly transpose EU rules on the right of access to a lawyer and to communicate upon arrest

The European Commission calls on Italy and Poland to correctly transpose EU rules on the right of access to a lawyer and to communicate upon arrest.

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (and to send a reasoned opinion to Italy for failing to correctly transpose into their national legislation the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). 

The deadline for Member States to transpose the Directive was 27 November 2016. The Directive is one of the six Directives that make up the EU's legal framework on common minimum standards for fair trials, ensuring that the rights of suspects and accused persons are sufficiently protected. It strengthens Member States' trust in each other's criminal justice systems and thus facilitates mutual recognition of decisions in criminal matters.

The Commission considers that certain national transposition measures notified by the two Member States fall short of the requirements of the Directive.  For instance, in both Member States, potential possibilities to derogate from the right of access to a lawyer go beyond the limits required by the Directive, and the requirement to inform the holder of parental responsibility or other appropriate adult of the deprivation of liberty of a child has not been correctly transposed.

The Commission is therefore sending a letter of formal notice to Poland which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

The Commission has also decided to issue a reasoned opinion to Italy, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union. (source europa.eu/ photo:freepik.com)

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Editorial

Editorial
George Kazoleas, Lawyer

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