On October 13, 2016, the Council gave its final approval to the Directive on the right to free legal assistance for citizens suspected or accused of a crime and those who are the subject of a European arrest warrant.
The proposed Directive establishes minimum standards concerning the right to free legal assistance for suspects or accused persons in criminal proceedings who are deprived of their liberty, as well as in certain other situations. It also guarantees that free legal assistance is provided in the procedure of the European arrest warrant, under certain conditions, both in the Member State of execution and in the issuing State.
For a trial to be fair, access to a lawyer is essential. By defining the minimum requirements for the provision of free legal aid, this directive will contribute to achieving this objective, so that justice is accessible to all, regardless of the level of income.
Work plan on procedural rights
Compared to the Commission proposal, the scope of the Directive has been extended and includes the right to free legal assistance at all stages of criminal proceedings under certain conditions. The initial proposal only included the right to free provisional legal aid to cover only the initial phase of criminal proceedings before a final decision on legal aid was taken
This directive is the last legal text foreseen as part of the work plan to reinforce the procedural rights of suspects or defendants in criminal proceedings adopted by the Council in November 2009.
