Recommendations The possibility to restrict access to the case file: In the meetings of the national working group121 and at the roundtable events,122 Romanian criminal justice actors proposed the following recommendations to tackle the above challenges: • The lawyer should not be obliged to make requests to study the case file. Rather, proof of him/her being a suspect’s counsel should be enough. • If the prosecutor refuses to grant access, he/she should give a reasoned decision to this effect which can be challenged before the hierarchically superior prosecutor. • Studying the case file should be done during the working hours of the police officer/prosecutor, based on a prior phone call/email from the lawyer. Legal aid: • The National Union of Bar Associations (UNBR) should get involved in the draft law transposing the Legal Aid Directive.123 Objective criteria should be established in the law of what ‘adequate/sufficient quality’ of legal aid means. • A specific course on legal assistance during the criminal investigation should be set up for lawyers who choose to provide legal aid and should be included in the mandatory curriculum in their first three years of practice. • The Bar Association should clearly set out the role of the lawyer during the pre-trial detention procedure. It should also consider an accreditation scheme for lawyers providing assistance in pre-trial detention hearings. The lack of time to consult the case file: • Legislative change (‘lawyer tied to the case file’) should be initiated, ensuring that the same legal aid lawyer who is familiar with the case should assist the defendant through the whole criminal proceedings. • The prosecutor’s office should prepare a copy of the case file for lawyers which should also contain an inventory to make it easier for the defence lawyer to navigate complex information in limited time. The General Prosecutor should be engaged and involved in these practical changes. Photocopying case file materials: • Photocopying case file materials should be free of charge and reimbursed by the Ministry of Justice as part of legal aid services. The imbalance between the defence and prosecution: • The working group will propose a legislative change for the lawyer to have the right to present evidence before the pre-trial detention hearing. 121 Four working group meetings were held in Bucharest between 27 September and 12 December 2018 with participation ranging between 11 and 16 experts, covering lawyers, police officers, prosecutors and civil society representatives. The first meeting took place on 27 September 2018, with 14 participants on 27 September (11 lawyers, 1 police officer, 1 FTE representative, 1 APADOR-CH staff); the second meeting was held on 25 October 2018, with 11 participants on 25 October (9 lawyers, 1 prosecutor, 1 APADORCH staff); the third meeting took place on 20 November 2018, with 16 participants on 20 November (12 lawyers, 1 prosecutor, 1 police officer, 2 APADOR-CH staff); and the fourth meeting was held on 12 December 2018, with 13 participants on 12 December (12 lawyers, 1 APADOR-CH staff). 122 Two roundtable events were held, one on 21 March and one on 4 April 2019. 123 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. 42