How are the member states progressing on transposition of Directive 2013/48/EU on the right of access to a lawyer?

Abstract

The deadline for transposition of the Directive 2013/48/EU was 27 November 2016. The author of this article sent out a questionnaire to the ministries of justice of the member states, with the aim of determining how the transposition of the Directive is evolving. Of the 25 member states that are obliged to transpose the Directive, 22 answered the questionnaire. The questionnaire focused on two aspects. First, the member states were queried about the amendments they have made or are planning to make in their law on the right of access to a lawyer. Second, special attention was devoted to remedies the member states have incorporated or are planning to incorporate in their national law for violation of the right of access to a lawyer. Answers were received between June 2016 and 4 October 2016. This article provides both an overview and an analysis of these answers.