On Tuesday 4 October, the European Parliament adopted the report by Dennis de Jong (GUE/NGL, Netherlands) on legal aid for suspects and individuals deprived of their freedom in the EU. During a press conference, de Jong explained that this directive was "a big step forward", although the subject has not attracted much attention in the media or even at the European Parliament, he added.
The draft directive introduces, as a general principle, the right of these people to have the state take responsibility for some of their defence costs. It also establishes criteria that take into account the nature of the offence, the withdrawal or not of their freedom and an assessment of the financial resources of the person in question.
This legal aid, for which the modalities and amount will be decided in accordance with national law, is expected to be provided from the beginning of criminal proceedings and throughout, whereas the Commission text previously only referred to provisional assistance until the eligibility of the person in question for legal aid had been established.
The directive also includes a financial means test for the person in question, in an effort to see whether they themselves can pay some of the legal costs, in addition to a test to assess the merits of the case and whether it is in the courts' interest to allow the defence costs to be assumed by the state. The Commission has estimated the costs of this aid at between €52-80 million a year but this cost will have to be re-assessed on the basis of the European Parliament's final proposal, explained Justice Commissioner Vera Jourova. This legal aid will be paid at the request of the person concerned. The United Kingdom and Ireland are not participating in this legislation. (Original version in French by Solenn Paulic)