Counsel Magazine

In November 2009, the Council adopted a “Roadmap” of 6 separate measures intended to protect the procedural rights of suspects and defendants in the criminal justice system. Member States have been negotiating a draft directive, Measure A on rights to interpretation and translation, based on the proposed Framework decision aborted last year when the Lisbon Treaty came into force. In early March, the UK confirmed its willingness to take part. However, on 9 March, the Commission itself issued a separate, more ambitious proposal (Reference COM82/3). It is not clear which one will take precedence. See Commission proposal at:
http://ec.europa.eu/justice_home/news/intro/doc/com_2010_82_en.pdf and the Member State initiative at: http://register.consilium.europa.eu/pdf/en/10/pe00/pe00001.en10.pdf. A proposal to create the letter of rights, Measure B, (but not including reference to the right to access to a lawyer), is expected to be adopted just before the summer. It may simply set up a template, but not seek to harmonize content.