Prawo do adwokata w dyrektywie 2013/48/UE – tło europejskie i implikacje dla polskiego ustawodawcy

Abstract

The Treaty of Lisbon has introduced an explicit legal base concerning procedural safeguards in criminal proceedings. This has changed the focus of legislation in this fi eld since previous measures concentrated mostly on prosecution and mutual recognition of judicial decisions. In that sense, Directive EU 2013/48 constitutes a milestone in implementation of the 2009 Council Roadmap on procedural rights of suspected and accused persons. The negotiations of the Directive were a fairly complex process given the divergent approaches to right of access to a lawyer in member states and the dynamic evolution of the jurisprudence of ECHR in this fi eld. For the most part, Polish legislation already complies with the Directive. However, amendments may be necessary, particularly concerning early phase of questioning by the police, certain evidence gathering acts, as well as confi dentiality of communications with a lawyer. In case of non-implementation, the national courts will also be able to rely directly on the provisions of the Directive, which is a new challenge in the area of criminal law.