Description

The right to legal defence is a fundamental safeguard in criminal proceedings, yet significant gaps remain in its practical application, particularly for vulnerable groups. Despite EU Directives enshrining these rights, challenges persist in ensuring timely, effective, and equitable access to legal counsel, especially for individuals in pre-trial detention, minors, migrants, refugees, and persons with disabilities.
This project aims to address these gaps by conducting a comprehensive analysis of how the right to defence is implemented across the EU, focusing on the role of defence counsel and its effectiveness in ensuring fair trial guarantees. Through a comparative legal analysis, case studies, surveys, and interviews with key stakeholders, the project will assess the barriers to effective legal representation and identify specific needs, with particular attention to gender equality and non-discrimination. The research will establish criteria for evaluating legal defence, identify critical procedural stages where legal assistance is most needed, and explore the role of defence lawyers in supporting vulnerable suspects. By focusing on both the legal framework and institutional conditions of defence counsel, this project will produce actionable insights and policy recommendations to strengthen the right to defence across Member States. Ultimately, it seeks to bridge the gap between legal rights and practice, ensuring that all individuals, regardless of their background or status, can access effective legal counsel and a fair trial.