Guidebook In addition, the Directive states that EU Member States have to ensure that legal aid is of adequate quality and an effective legal aid system is in place. However, the Directive does not provide any further guidance.114 Suspects or accused persons have the right to have the lawyer appointed to be replaced upon request if the circumstances so require.115 Main findings on the practice In the framework of the project consultations it was mentioned that the greatest difficulties concern the right of access to a lawyer in EU Member States. This corresponds to other numerous research findings.116 In most countries, detained suspects do not have access to a lawyer in the early stages of criminal proceedings. The common concern in this regard is the waiver of the right. Concerns were expressed that the manner in which the suspects or accused persons are informed do not sufficiently play tribute to the importance of the presence and participation of the lawyer. Further, oftentimes the information is not adequate in the context of legal aid and the consequences a waiver can bear. In addition, on some occasions the information provided by the authorities incentivised waivers by giving a strong emphasis on the repercussions that the exercise of the right of access to a lawyer may have on the proceedings, e.g. delays, costs and inconveniences. Finally due to the format of the protocols and records it is oftentimes difficult to prove if the waiver was given voluntarily.117 In some countries, lawyers are appointed by the police and sometimes act in the interest of the police rather than in the interest of the person represented; this is not only because it is possible that lawyers are appointed who not necessarily effectively intervene but some lawyers are financially dependent on these appointments and thus have an interest to keep good relations with the police.118 In addition, the availability of lawyers, especially on weekends and in remote areas, proves to be sometimes challenging. Where suspects do have access to a lawyer, research discloses significant concern in most countries about their quality and competence, particularly in respect of legal aid or ex officio lawyers. Many duty lawyer systems do not guarantee that a competent lawyer is available and willing to attend the police station at short notice, and even where a lawyer does attend, the facilities for private consultation are often inadequate or non-existent. 32 STANDARDS 1.4.2. Right to inform third parties RELEVANT QUESTIONS: »» »» »» Was a third person informed about the deprivation of liberty? Was this person nominated by the arrested or detained person? • If not why not? Was it considered to contact another third person? Was the process adequately recorded? Were the special needs of persons in vulnerable situations adequately taken into account (e.g., notification of a person with parental responsibility, guardian or an appropriate adult)? Could the arrested or detained person communicate with one person, nominated by him or her? • If not why not? Was it considered to contact another third person? Was the process adequately recorded? The right to have a third party informed and to communicate with third parties is considered amongst the most effective measures to prevent torture and ill-treatment.119 EU law explicitly regulates these rights together with the right of access to a lawyer in Directive 2013/48/EU. The right has two purposes, namely: »» Deterring torture and other forms of ill-treatment by informing a third party about the deprivation of liberty »» Ensuring the right to family and private life by establishing the possibility to communicate with a third person From which point in time does the right to inform and communicate with third parties apply? The Directive states that suspects or accused persons have the right to nominate at least one person who should be informed without delay about their deprivation of liberty. In addition, the arrested or detained person should have the right to communicate with a third party such as relatives without undue delay.120 33