Directive 2016/1919 - Legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings - Main contents
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Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2016/1919 |
| Original proposal | COM(2013)824  |
| CELEX number i | 32016L1919 |
| Document | 26-10-2016; Date of signature |
|---|---|
| Publication in Official Journal | 04-11-2016; OJ L 297 p. 1-8 |
| Signature | 26-10-2016 |
| Effect | 24-11-2016; Entry into force Date pub. +20 See Art 13 |
| Deadline | 05-05-2021; See Art 10.1 And 32016L1919R(01) 05-05-2022; See Art 10.2 And 32016L1919R(01) |
| End of validity | 31-12-9999 |
| Transposition | 05-05-2019; At the latest See Art 12 And 32016L1919R(01) |
4.11.2016 |
EN |
Official Journal of the European Union |
L 297/1 |
DIRECTIVE (EU) 2016/1919 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 October 2016
on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular point (b) of Article 82(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The purpose of this Directive is to ensure the effectiveness of the right of access to a lawyer as provided for under Directive 2013/48/EU of the European Parliament and of the Council (3) by making available the assistance of a lawyer funded by the Member States for suspects and accused persons in criminal proceedings and for requested persons who are the subject of European arrest warrant proceedings pursuant to Council Framework Decision 2002/584/JHA (4) (requested persons). |
(2) |
By establishing common minimum rules concerning the right to legal aid for suspects, accused persons and requested persons, this Directive aims to strengthen the trust of Member States in each other's criminal justice systems and thus to improve mutual recognition of decisions in criminal matters. |
(3) |
The third paragraph of Article 47 of the Charter of Fundamental Rights of the European Union (the Charter), Article 6(3)(c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR) enshrine the right to legal aid in criminal proceedings in accordance with the conditions laid down in those provisions. The Charter has the same legal value as the Treaties, and the Member States are parties to the ECHR and the ICCPR. However, experience has shown that this in itself does not always provide a sufficient degree of trust in the criminal justice systems of other Member States. |
(4) |
On 30 November 2009, the Council adopted a Resolution on a Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings (5) (‘the Roadmap’). Taking a step-by-step approach, the Roadmap calls for the adoption of measures regarding the right to translation and interpretation (measure A), the right to information on rights and information about the charges (measure B), the right to legal advice and legal aid (measure C), the right to communicate with relatives, employers and consular authorities (measure D), and special safeguards for suspects or accused persons who are vulnerable (measure E). |
(5) |
On 11 December 2009, the European Council welcomed the Roadmap and made it part of the Stockholm programme — ‘An open and secure Europe serving and protecting citizens’ (6) (point 2.4). The European Council underlined the non-exhaustive character of the Roadmap by inviting the Commission to examine further elements of minimum procedural rights for suspects and accused persons, and to assess whether other issues, for instance the presumption of innocence, need to be addressed, in order to promote better cooperation in that area. |
(6) |
Five measures on procedural rights in criminal proceedings have been adopted pursuant to the Roadmap to date, namely Directives 2010/64/EU (7), 2012/13/EU (8), 2013/48/EU, (EU) 2016/343 (9) and (EU) 2016/800 (10) of the European Parliament and of the Council. |
(7) |
This Directive relates... |
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