Procedural Rights

The most up-to-date and relevant documents, press releases, academic comment, legislation, and case-law is collated and organised here in this fully-searchable central storage space. Here you can get an overall sense of the information available in the area of procedural rights or quickly find a specific document.

Stockholm Program—Swedish Procedural Rights Roadmap

Access to a Lawyer (Measure C1)

After long negotiations, the European Union Directive on the right of access to a lawyer in criminal proceedings and the right to communicate upon arrest was adopted on 22 October 2013.


EU Legislation

The Directive on the right of access to a lawyer in criminal proceedings, was adopted by the European Parliament and the Council of the European Union with a view to laying down minimum rules concerning the right of access to a lawyer in criminal proceedings and in proceedings for the execution of a European arrest warrant, the right to have a third party informed upon depri­vation of liberty, and the right to communicate with third persons and with consular authorities while deprived of liberty. The official summary of the legislation can be found here, but has not been updated since the legislative proposal was first published.

National implementing measures - laws and regulations passed at Member State level to implement the Directive - can be found on the Eur-Lex website.

Background and details on legislative negotiations can be found in the official documents section.



News & Analysis

This section contains links to news articles and analyses relevant to the Directive on the Right to Access a Lawyer.



Official Documents

The Directive on the right of access to a lawyer in criminal proceedings and the right to communicate upon arrest was adopted on 22 October 2013. An initial text was proposed by the European Commission in June 2011. In June 2012, the Council adopted its "general approach" (i.e. negotiating position), and in July 2012 the Parliament's Committee on Civil Liberties, Justice and Home Affairs adopted a negotiating position for the Parliament. Negotiations between the two institutions commenced: "Nine trilogues were held, three under Cyprus Presidency and six under Irish Presidency. Further, various technical and other informal meetings took place" (document 10190/13, 31 May 2013, below) before adoption in October 2013.

The documents below are provided in chronological order, with the most recent first.



Submissions & Publications

This section contains publications by the JUSTICIA European Rights Network and external partner organisations, all of whom work in the EU criminal justice area.



Case law Database

JUSTICIA European Rights Network