Brussels, 30/06/2016 (Agence Europe) - On Thursday 30 June, the Committee of Permanent Representatives to the European Union (Coreper) confirmed the compromise with the European Parliament on the directive on the right to legal aid for citizens suspected or accused of a criminal offence and for those subject to a European arrest warrant.
The two institutions agreed on certain modifications to the proposal submitted by the Commission, so as to enhance the rights for citizens and make the text clearer, in particular with regards to: the scope of application of the directive, which has been broadened to include a right to ordinary legal aid and not only to provisional legal aid, as explained in a press release. The ordinary legal aid includes support at all stages of the criminal justice process, under the conditions set out in the directive, while the right to provisional legal aid was meant to cover only the initial stage of criminal proceedings before a final decision on legal aid is taken;
The compromise includes the inclusion of a 'means test' and a 'merits test', which may be used to determine whether a person is eligible for legal aid. A means test aims at assessing whether the person effectively lacks sufficient resources to pay for legal assistance, while a merits test allows to assess whether the provision of legal aid would be in the interest of justice in the light of the circumstances of the case.
The text still needs final adoption by the Council and Parliament at the end of the year. It is part of the roadmap for enhancing the legal procedural rights of suspects or accused persons in criminal proceedings and was launched in 2009. (Original version in French by Solenn Paulic)