Today, the European Commission decided to refer Czechia to the Court of Justice of the EU for failing to correctly transpose 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.
On 23 September 2021, the Commission sent a letter of formal notice to Czechia concluding that certain national transposition measures notified by Czechia fall short of the requirements of the Directive. In particular, the Commission has identified shortcomings in relation to possible derogations from the right of access to a lawyer as well as from the right to have a third person informed when being deprived of liberty. On 28 September 2023, the Commission followed with a reasoned opinion. After analysing the replies from Czechia, the Commission concluded that its legislation as notified to the Commission still falls short with the requirements of the Directive. In particular, the Commission maintains that one of the Directive's provisions in relation to possible derogations from the right of access to a lawyer has not been correctly transposed into national law.
The European Commission decided therefore to refer Czechia to the Court of Justice of the EU.
Background
The EU works to ensure that the basic rights of suspects and accused persons are protected. Common minimum standards are necessary for judicial decisions taken by one Member State to be recognised by the others. Much progress has been made to date, as the EU has adopted 6 directives on procedural rights for suspects and accused persons.
The EU established rules on the right to interpretation and translation, with the Directive 2010/64/EU; on the right to information with the Directive 2012/13/EU; on the right to a lawyer with Directive 2013/48/EU; on the right to legal aid with the Directive (EU) 2016/1919; on the right to be presumed innocent and to be present in a trial with the Directive (EU) 2016/343; and with the Directive (EU) 2016/800 on special safeguards for children who are suspects or accused in criminal proceedings.
