Legal Aid for Suspects or Accused Persons in Criminal Proceedings: Initial Appraisal of the Commission's Impact Assessment

Briefing 07-03-2014

This briefing seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European Arrest Warrant Proceedings (COM (2013) 824), submitted on 27 November 2013. This proposal is part of the 2009 Roadmap on Procedural Rights (‘the Roadmap’) aiming at strengthening the rights of suspects and accused persons by setting common minimum standards on fair trial rights. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee and Members more widely in their work.