Economy
Fair trials: MEPs strengthen EU-wide standards for legal aid
Means and merits tests
MEPs added provisions to ensure that a person’s economic situation is properly assessed ("means test"), as well as the situations when legal aid is required in the interests of justice ("merits test"). A merits test should assess, for example, the complexity of the case or the seriousness of the offence. EU countries would be required to make all relevant information on legal aid, "easily accessible and understandable" e.g. by explaining how and where to apply for such aid and providing "transparent criteria on eligibility", to enable suspects to take informed decisions.
Quality of legal aid
MEPs also inserted legal aid quality safeguards. These would require member states to put in place or maintain, for instance, an “accreditation” system for legal aid lawyers and continuous professional training to ensure their quality and independence. Suspects or accused persons should "have the right to have the legal aid lawyer assigned to them replaced once", MEPs say.
Recovering costs
To reassure those who might be frightened by the prospect of having to reimburse the costs of provisional legal aid later, MEPs inserted an additional condition: these costs may, “exceptionally”, be recovered if suspects are subsequently found not to meet the eligibility criteria for ordinary legal aid under national law and have “intentionally provided the competent authorities with false information on their personal financial situation".
Next steps
The committee vote gives the rapporteur a mandate to start negotiations with the Council of Ministers, with a view to agreeing on the proposed directive (the Council agreed a general approach on it in March). Three-way talks between the Parliament, the Council and the Commission (“trialogues”) should start soon.
This draft directive is one in a package of proposals to further strengthen procedural rights for citizens in criminal proceedings. They include others on safeguards for children, voted in committee on 5 February (press release), and another on the presumption of innocence, voted on 31 March (press release). The previous Parliament passed three other EU laws that are part of a 'road map' for strengthening procedural rights: a directive on the right to interpretation and translation, a directive on the right to information and a directive on the right of access to a lawyer.
The UK and Ireland decided not to "opt in" to the proposed directive, while Denmark has an “opt out” by default from justice and home affairs legislation.
Result of the vote on the mandate to open negotiations with the Council: 51 votes in favour, three against and one abstention.
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