On Wednesday 7 February 2024, the European Commission announced it has decided to refer Luxembourg to the Court of Justice of the European Union for incorrect transposition of the Directive on the right of access to a lawyer and the right to communicate in the event of arrest.
On 12 November 2021, the EU Commission sent a letter of formal notice to Luxembourg for not having correctly transposed the provisions of the directive relating to the obligation to automatically inform the holder of parental responsibility of the deprivation of liberty of a child. On 1 June 2023, the Commission sent a reasoned opinion. As Luxembourg's response to the reasoned opinion did not provide proof of the correct transposition of the directive, the Commission decided to refer this Member State to the Court of Justice of the European Union.
For context, the Commission recalled that the EU works to ensure the protection of the fundamental rights of suspects and accused persons. Common minimum standards are necessary so that judicial decisions taken by one Member State are recognised by the others. Much progress has been made to date, the European Commission noted, with the EU having adopted six directives relating to the procedural rights of suspects and accused persons.
