The European Commission referred Slovakia to the Court of Justice of the European Union (CJEU) for failing to correctly implement EU rules guaranteeing suspects’ rights to legal counsel and communication upon arrest, according to Euractiv.
This legal action follows a formal notice issued to Bratislava in 2023 and an unsatisfactory review of Slovakia’s response.
The Commission determined Slovakia had not properly transposed provisions of the EU directive concerning its scope and limitations on legal access.
It remains unclear which rights suspects who have not yet been formally charged can invoke, such as whether they are entitled to consult a lawyer before being questioned.
Slovak authorities have yet to comment on the referral.
The contested measure is one of six EU instruments establishing minimum fair trial standards across the bloc. Its purpose is to ensure suspects are informed of, and can effectively exercise, their rights during criminal proceedings.
The referral underscores Brussels’ commitment to enforcing fundamental judicial safeguards uniformly, particularly regarding pre-charge legal assistance.
