Abstract
Directives 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, together with 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings, regulate two sides of the same reality or, in other words, two closely related questions (legal aid and free defence), despite their being embodied in two different instruments. The foreseeable complexity of the negotiations in order to achieve in the first of the Directives cited—the right to legal aid—and also the issue of this being free, made it advisable from an operational point of view to postpone procedure to a later specific rule. The huge differences between the diverse domestic laws and the cost that the new legislation would entail for most of the Member States in a generalized economic crisis, accounted for (but did not justify) the postponing of free legal aid.
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