Luxembourg, 08/06/2012 (Agence Europe) - On Friday 8 June in Luxembourg, European ministers for justice reached an agreement on the broad guidelines for a directive governing defendants' rights to a lawyer at the beginning of their custody. Ministers also called on the European Commission to provide them with a legal instrument (the details of which still need to be worked out) on the question of legal aid. On Friday, member states expressed a wish to obtain assurances that this access to a lawyer is effectively guaranteed for all European citizens seeking justice, even the most disadvantaged among them, and that it does not lead to the rise of any “inequalities”, as pointed out by the French Minister of Justice, Christiane Taubira. The European Commission is therefore expected to complete this exercise in 2013 and explain how it envisages the right to access a lawyer for all citizens, especially because legal aid does not exist in certain member states, such as in Germany.
The draft directive presented by Commissioner Viviane Reding in June 2011 proved controversial in a number of member states, particularly France and the Netherlands, which said that it could jeopardise investigations and incur excessive implementation costs (see EUROPE 10458). The directive was even considered as having gone beyond the scope of the European Court of Human Rights, which through its own decisions had had a direct influence on this directive on having a right to a lawyer at the beginning of a defendant's custody.
These concerns now appear to have been smoothed over, according to one source and member states appear prepared to move forward on this principle of a lawyer being present at the beginning of custody. They also appear to accept the costs for this reform (for example, the estimated cost at this stage is between €100-300 million for France). Belgium is the only member state that still harbours serious objections, explained one source, and considers that this reform will mean it having to make many changes in the country. Spain and Italy have also expressed reservations about certain aspects of the compromise without, however, seeking to block the Council's general position. This will therefore allow the launch of discussions with the European Parliament, whilst waiting for the other part of the reform on legal aid. (SP/transl.fl)