Article 3(1)
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Is there an enforceable right of
access to a lawyer in all of the
proceedings which you consider
to be criminal proceedings?
Article 3(2)
Access to a lawyer
This provision creates a general right of access to a lawyer in criminal proceedings (within the Article 2 scope)
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Your answers here
Please cite the relevant legal provisions
The Directive requires that suspects or accused persons have access to a lawyer without undue delay
In any event, access to a lawyer must be available from the following points in time, whichever is earliest: (a)
before questioning; (b) upon the carrying out of investigative acts; (c) without undue delay on deprivation of
liberty; and (d) in due time before they appear before a court before which they have been summoned.
Your answers here
Look at the different stages: are you satisfied that, whenever one
of these happens first, the
suspect has a right of access to a
lawyer?
Do legal aid systems work in
such a way as to facilitate access
to a lawyer at each point?
Article 3(3)(a)
Article 4
22, 23, 33
Is there an opportunity for the
client to meet in private with his
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The Directive requires that the suspect has an opportunity to meet in private and communicate with the lawyer
representing them, including before questioning
See the ECtHR case A.T. v. Luxembourgv making it clear that there should be an opportunity for such a meeting
prior to questioning by an investigative judge, following an initial police questioning.
The emphasis on ‘privacy’ should be read in light of Article 4 of the Directive, which imposes an unqualified
confidentiality obligation.
Recital 33 includes wide-ranging comment about the Member States’ ability to take certain measures to protect
safety and security; however, Article 4 is an absolute standard and ought to prevail.
Your answers here
Please include references to the relevant national law, identifying any gaps if necessary
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