In a bold move, the European Commission has launched legal action against two of its member states, Belgium and Luxembourg, and referred them to the Court of Justice of the European Union (CJEU). This measure is a response to the failure of both countries to fully implement the EU Directive on the right to access and contact a lawyer in the event of arrest (Directive 2013/48/EU). The directive aims to protect fundamental rights such as the right to legal representation and the right to communicate in custody, and was due to come into force on November 27, 2016. However, both countries say they have not properly translated the Directive into domestic law. Committee evaluation.
Belgium’s non-compliance with EU directives
In the case of Belgium, this is not the first time that the European Commission has expressed concerns. In fact, the European Commission had previously sent a formal notification highlighting the incomplete transposition in September 2021. Unfortunately, Belgium has not taken the necessary steps to meet the requirements of the Directive, leading the European Commission to take legal action.
Combating juvenile detention in Luxembourg
Meanwhile, Luxembourg has not provided evidence that the Directive was correctly transcribed, despite the warnings and responses. This is of particular concern in cases of juvenile detention, where the Grand Duchy is required to notify parents. Luxembourg’s juvenile detention problem is not new. The country has faced problems in recent years, including the detention of minors in adult prisons and reports of drug, sex and lack of supervision in youth detention facilities.
If found guilty, Luxembourg and Belgium could face significant fines, signaling the legal consequences of non-compliance with EU directives. Beyond the financial implications, this action taken by the European Commission highlights the importance of EU Directives in ensuring fundamental rights across Member States.