European lawyers welcome the Commission`s proposal on

PRESS RELEASE
Brussels, 8 June 2011
European lawyers welcome the Commission’s proposal on the right of access to
a lawyer in criminal proceedings and on the right to communicate upon arrest
Today, the European Commission has adopted a proposal for a directive on the right of access to a lawyer in criminal
proceedings and on the right to communicate upon arrest. The Council of Bars and Law Societies of Europe (CCBE)
welcomes this proposal, which creates for the first time an EU enforceable right to have early and continuous access to a
lawyer throughout criminal proceedings.
The CCBE is the representative organisation of around 1 million European lawyers through its member bars and law
societies from 31 full member countries, and 11 further associate and observer countries.
The CCBE will begin to examine the proposal in detail, but it welcomes the inclusion and recognition of the importance of
guaranteeing the confidentiality of all communications between a lawyer and client. Also noteworthy and to be welcomed
is the fact that the directive will apply to surrender proceedings based on a European Arrest Warrant.
“This proposal demonstrates the European Commission‟s commitment to ensuring that citizens have the same basic
rights in their dealings with criminal justice systems, regardless of the country where the person is suspected or accused
of having committed a criminal offence”, said Georges-Albert Dal, the CCBE President. He added: “That the Commission
has decided to present in a single proposal the provisions on the right of access to a lawyer and the right to communicate
is good news, as it further enhances and protects the rights of suspects and defendants in criminal proceedings.”
The CCBE encourages the Parliament and Member States to agree on the proposal as soon as possible so that suspects
and defendants can benefit soon from EU rights.
Background note:
The EU Council adopted on 30 November 2009 a „Roadmap‟ mandating the Commission to present proposals over the
following five years on: (A) the right to translation and interpretation; (B) information on rights and information about the
charges; (C) legal advice and legal aid; (D) communication with relatives, employers and consular authorities; and (E)
special safeguards for suspected or accused persons who are vulnerable. Measure A was adopted early in 2010 and
Measure B is in the final stages of adoption. The measure now presented by the Commission covers measures C
(excluding legal aid, left for a later stage) and D in one single instrument.
For further information,
please contact Antoine Fobe
Tel: +32.(0)2.234.65.28
Fax: +32.(0)2.234.65.11/12
E-mail: [email protected]
Conseil des barreaux européens – Council of Bars and Law Societies of Europe
association internationale sans but lucratif
Avenue de la Joyeuse Entrée 1-5 – B 1040 Brussels – Belgium – Tel.+32 (0)2 234 65 10 – Fax.+32 (0)2 234 65 11/12 – E-mail [email protected]– www.ccbe.eu