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CJEU Case C-659/18 / Judgment

Criminal proceedings against VW

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Second Chamber)
Type:
Decision
Decision date:
12/03/2020

Key facts of the case:

Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2013/48/EU — Article 3(2) — Right of access to a lawyer — Circumstances in which the right of access to a lawyer must be guaranteed — Non-appearance — Derogations from the right of access to a lawyer — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection.

Outcome of the case:

On those grounds, the Court (Second Chamber) hereby rules:

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 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, and in particular Article 3(2) thereof, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation, as interpreted by national case-law, according to which the exercise of the right of access to a lawyer may, at the pre-trial stage, be delayed because the suspect or accused person has failed to appear following a summons to appear before an investigating judge until the national arrest warrant issued against the person concerned has been executed.