Brussels, 07/05/2015 (Agence Europe) - On Wednesday 6 May, members of the Civil Liberties Committee argued that people suspected or accused of a crime or those subject to a European arrest warrant but who are unable to have a lawyer or access to an appropriate legal procedure should be allowed access to funding from their respective member state and assistance for “temporary” or “ordinary” legal aid.
They amended a draft European directive on rights to a fair trial, according to an EP press release and expanded the scope to include the right to “ordinary legal aid” for suspects or those accused in criminal legal proceedings. This will allow those who cannot pay for a lawyer to have the right to funding or assistance from their respective member state to respond to some of their legal costs and legal proceedings. MEPs say that legal aid must be provided “at all the different stages of the legal proceedings”. The Dutch rapporteur, Dennis de Jong (GUE/NGL), stated “for those who do not have the necessary financial resources, only legal aid will make access to the assistance of a lawyer efficient”.
The MEPs added provisions to ensure that the economic situation of a person is correctly assessed, as well as the situations where legal aid is necessary in the interest of providing justice (well founded). A well founded examination should help assess the complexity of the case or the seriousness of the offence. MEPs also introduced guarantees on the quality of legal aid. These oblige member states to implement or maintain, for example, a system of “accreditation” for legal aid lawyers and permanent professional training to ensure their quality and independence.
Aid could also, “in exceptional circumstances”, be reimbursed if it later transpires that the suspects do not meet the admissibility criteria for ordinary legal aid under national law or if they have “intentionally provided the competent authorities with false information regarding their personal financial situation”.
In a press release, Rachida Dati MEP (EPP, France) welcomed the vote but warned that “in the guise of strengthening European citizens' rights during criminal procedures, the European Parliament is currently shifting towards the creation of a shadow law”… A scope that is too broad for this directive, as is the case in the text adopted today, will make it inapplicable in a number of European Union member states” and is already heralding a number of difficulties in the negotiations with the Council. (Solenn Paulic)