Today, the European Commission decided to refer Slovakia to the Court of Justice of the European Union for failing to correctly transpose the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU) into its national legislation.
In June 2023, the Commission sent a letter of formal notice to Slovakia. After analyzing the reply, the Commission concluded that Slovakia had failed to correctly transpose the provision regarding the scope of application of the Directive and certain rules allowing derogations from the right of access to a lawyer. In November 2023, the Commission decided to send a reasoned opinion to Slovakia and in July 2024 an additional reasoned opinion, following changes made by Slovakia to its legislation.
After analyzing Slovakias replies, the Commission concluded that concerns remain regarding the position of suspects who have not yet been formally charged. It remains unclear which rights such suspects can claim and under what circumstances, for example, whether they have the right to discuss their situation with a lawyer before being questioned. Therefore, the Commission decided to refer Slovakia to the Court of Justice of the European Union.
Background
The Directive on the right of access to a lawyer and to communicate upon arrest is one of the six Directives that comprise the EUs legal framework on common minimum standards for fair trials, ensuring that the rights of suspects and accused persons are sufficiently protected. It strengthens Member States trust in each others criminal justice systems and thus facilitates mutual recognition of decisions in criminal matters.
More Information
Infringement decisions database and infringements map and graphs
July 2025 infringement package
Infringement procedure Slovakia (INFR(2023)2008)