The Directive on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings

Abstract

The article traces the genesis, negotiations, and content of Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and European Arrest Warrant (EAW) proceedings. Inspired by Salduz case law, the Directive sets detailed rules on access to a lawyer from the earliest stages of proceedings, including during questioning and investigative acts, and introduces safeguards on confidentiality, derogations, and remedies. It also innovates by granting requested persons in EAW cases the right to appoint a lawyer in the issuing state. The author highlights the political compromises among Member States and with the European Parliament, noting that the Directive constitutes a milestone in the EU roadmap on procedural rights, balancing high protection standards with prosecutorial interests.