In the present study we have examined the provisions of the European legal
instrument governing the right of access to a lawyer within the criminal proceedings in a
Member State of the European Union, especially in situations where a gainst the person
concerned it was imposed a measure of deprivation of liberty and the right to have access
to consular authorities, the right to inform a third person and the right of access to a
lawyer in execution proceedings of a European Arrest Warrant. With the actual
examination of these provisions, we referred also to the provisions of law, emphasizing the
differences of the existing regulation and the need to transpose the European legal
instrument into the national law by a separate legislative act and not by completing the
special law, as it is intended at the moment. The innovations consist of examining the
European legal instrument focusing on the right to have access to all the criminal
proceedings, with reference to relevant national legislation, including the procedure of
executing a European arrest warrant. The paper can be u seful to academics, practitioners
in the field and to the Romanian legislat or from the perspective of transposing this
European legal instrument into the national law.
Keywords: suspec ted or accused person, the right to defense, the right to
communicate with consular authorities, lawyer.
JEL Classification: K14, K33
In Europe, the right to a fair trial and implicitly the right to defense is
unanimously recognized by all states, it is expressly provided for in article 6 of the
European Convention on Human Rights and Fundamental Freedoms, art. 47 of the
Charter of Fundamental Rights of the European Union and art. 14 of the
International pact on Civil and Political Rights.
The pact was adopted and opened for signature by the United Nations General Assembly on 16
December 1966 and entered into force 10 years later, i.e. on 23 March 1976. Romania has ratified
the pact on October 31, 1974 by Decree no. 212, published in the Official Monitor of Romania, Part
I, no. 146 of November 20, 1974.