On Wednesday 7 February, the European Commission decided to take Belgium and Luxembourg to the Court of Justice of the European Union for failure to comply with the directive on the right of access to a lawyer and communication in the event of arrest (Directive 2013/48/EU).
The deadline for transposing this directive was 27 November 2016.
In September 2021, the Commission sent a letter of formal notice to Belgium, identifying shortcomings in the transposition of the directive, in particular with regard to the right of minors to concrete and effective access to a lawyer and the derogations linked to geographical removal and criminal proceedings.
Despite a reasoned opinion issued on 14 July 2023, Belgium’s response did not demonstrate correct transposition, leading the Commission to take legal action.
In November 2021, Luxembourg was also issued with a formal notice for similar failings, particularly with regard to the obligation to inform adults in the event of a child being deprived of his or her liberty. Despite a reasoned opinion issued on 1 June 2023, Luxembourg’s response was not deemed satisfactory, leading to proceedings before the Court of Justice. (Original version in French by Nithya Paquiry)