The Commission refers the case against HUNGARY to the Court of Justice
The European Commission has decided today to refer a case against Hungary to the Court of Justice of the European Union for incorrect transposition of the directive on the right of access to a lawyer and the right to communicate upon arrest (directive 2013/48/EU). Member States had until 27 November 2016 to transpose the directive.
The Commission sent a letter of formal notice to Hungary on 12 November 2021, after finding that the provisions regarding exceptions to the right of access to a lawyer for investigative purposes and waiver of the right to access a lawyer provided for by the directive had not been properly transposed. On 14 July 2023, the Commission issued a reasoned opinion. After analyzing Hungary’s responses, the Commission concluded that Hungarian legislation, as notified to it, still did not comply with the requirements of the directive. The Commission particularly believes that the exceptions to the right of access to a lawyer for investigative purposes and the waiver of the right to access a lawyer are not properly transposed.
Consequently, the Commission has decided to refer a case against Hungary to the Court of Justice.
Context
The EU is working to ensure the protection of the fundamental rights of suspects and defendants. Common minimum standards are necessary for judicial decisions made by one Member State to be recognized by others. Many advancements have been made to date, with the Union having adopted six directives regarding the procedural rights of suspects and defendants.
The Union has established rules on the right to interpretation and translation, with directive 2010/64/EU; on the right to information, with directive 2012/13/EU; on the right to have a lawyer, with directive 2013/48/EU; on the right to legal aid, with directive (EU) 2016/1919; as well as on the right to be presumed innocent and to attend a trial, with directive (EU) 2016/343 and directive (EU) 2016/800 regarding the establishment of procedural safeguards for children who are suspects or defendants in criminal proceedings.
Learn more
Rights of suspects and defendants
Database on decisions regarding offenses
EU infringement procedure
Infringement procedures as of July 2024
Infringement procedure against Hungary [INFR(2021)2137]
