EU discusses proposal on right of access to lawyer in criminal proceedings

Malta’s delegation to the Justice and Home Affairs Council was led by the Permanent Representative to the European Union, Richard Cachia Caruana and the Permanent Secretary in the Ministry of Justice and Home Affairs, Mario Debattista.

During the Justice and Home Affairs meeting of the European Union, the Justice Ministers discussed a proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest.

The Commission also presented its proposal for an EU-wide preservation order to ease the recovery of cross-border debts; as well as its Communication on the creation of an EU judicial culture through European judicial training standards.

Yesterday, the Ministers discussed the Draft Council Decision on the framework for the full application of the provisions of the Schengen acquis in Bulgaria and Romania.

Ministers did not take a decision at this stage and discussions are expected to continue over the next weeks. Delegations were also updated on the state-of-play regarding the establishment of the second generation Schengen Information System (SIS II) as well as on negotiations aimed at setting up the Common European Asylum System (CEAS).

The implementation of the CEAS is being supported by the European Asylum Support Office (EASO), which is based in Malta.

During the meeting, the Commission presented the ministers with a proposal for Schengen governance reform. The proposed governance package consists of a Communication and two legislative proposals: a proposal strengthening the Schengen evaluation and monitoring mechanism; and a proposal amending the Schengen Border Code.

The package proposes changes to the current monitoring and evaluation mechanism which is used to verify the proper application of Schengen rules, as well as to allow for changes to the decision-making mechanism in terms of managing the Schengen border.

Following negotiations with the European Parliament, the Ministers approved the final text of the European Protection Order legislation which will ensure cross-border EU protection for people who are at risk of violence.