Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third person
The access to lawyer Directive is the third step of the Roadmap on procedural rights adopted by the Council on 30th of November 2009.
The directive provides, inter alia ,the participation of a lawyer during the interrogation of the person, his/her presence during certain measures taken during the investigation, the right to inform third parties about the detention, as well as taking into account the specific needs of vulnerable persons. If a person is suspected or accused in a state outside the European Union , he/she has the right to have access to consular authorities and to communicate with them. The directive provides for derogatory measures, but their use is conditioned by the need to satisfy the requirement that they are proportional, strictly limited and not based solely on the nature or seriousness of the alleged offense. The Directive also envisages the right of access to a lawyer during European arrest warrant proceedings.
Reference number: 2013/48/EU
Issue date: 10-09-13
Official Journal: OJ L 294, 6.11.2013, p. 1–12