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Request for a preliminary ruling from the Juzgado de Instrucción No 4 de Badalona, Spain

On 7 November 2019, Advocate General Bobek delivered his Opinion, where he concludes that Article 3(2) of Directive 2013/48/EU of the European Parliament and of the Council 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 persons and with consular authorities while deprived of liberty, interpreted in the light of Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, precludes a national provision or judicial practice according to which, where the suspect fails to appear when first summoned by the court and a national arrest warrant is issued, the right of access to a lawyer may be delayed until the warrant is executed and the suspect appears before the court.

Case Number C-659/18

Name of the parties VW

Date of the judgement 2019-11-07

Court Court of Justice of the European Union (CJEU)

Uploads CL_AG_VW_2019