REPORTS
Incorrect transposition by Greece of the EU Directive on the right of access to a lawyer and to communicate upon arrest: INFR(2021)2136
In the event that a Member State does not apply Union law and fails to fulfill any of the obligations laid down in the EU Treaties, the European Commission may initiate formal infringement proceedings under Articles 258 and 260 TFEU (details of infringement proceedings here).
2.Directive 2013/48/EU (on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty) The Directive is part of the EU’s legal framework on common minimum standards for fair trials ensuring that the rights of suspects and accused persons are sufficiently protected.
Both the right to a fair trial and respect for the rights of the defense are fundamental rights enshrined in and protected by both the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights.
However, as stated in the “October infringement package: key decisions/12-11-2021“, the Commission considers that certain national transposition measures notified by six Member States (including Greece) fall short of the requirements of the Directive. In particular, this includes possible derogations from the right of access to a lawyer as well as derogations from the right to have a third person informed when being deprived of liberty. Issues as regards the conditions under which the right of access to a lawyer can be waived and in relation to the right of access to a lawyer in the issuing Member State of a European arrest warrant were also identified. As the European Commission considered that Greece had failed to properly transpose into its national law the EU rules on the right of access to a lawyer and to communicate upon arrest [infringement number: INFR (2021) 2136], it decided to send a letter of formal notice, calling on Greece to take the necessary steps to rectify this breach of Union law.
Directive 2013/48/EU lays down common minimum standards for fair trials ensuring that the rights of suspects and accused persons are sufficiently protected in criminal proceedings, as regards the right of access to a lawyer and the right of communication at arrest. The application of EU law is an obligation of the Member States of the European Union.
If possible breaches of EU law are detected, the European Commission may take a series of actions against that Member State to ensure the correct and full application of EU law by initiating infringement proceedings in accordance with Articles 258 and 260 of the TFEU. In this case, the European Commission considered that Greece had not fully and correctly transposed the provisions of Directive 2013/48/EU into national law, and therefore sent a letter of formal notice under Article 258 TFEU.
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