Access to legal advice pre-trial is an essential element of the fair trial principle.
On 12 July 2011 the European Commission adopted the proposal for a Directive on the right to access to a lawyer in criminal proceedings (see below) and on the right to communicate upon arrest, which is currently being discussed by the Council of the European Union, and the European Parliament. Based on a two years research programme, "Pre-trial Emergency Defence", confirms that such a measure is vital to ensure an individual’s rights are respected and upheld in criminal proceedings.
Please read more in the Press Release (click here) the ECBA has published (12 April 2012) in relation to this measure and the new released book on "Pre-trial Emergency Defence", edited by Stefan Schumann, Karin Bruckmüller and Richard Soyer, providing conclusions and recommendations on how to improve pre-trial access to legal advice – by taking both legal and practical measures.