EU Court finds Hungary and Czech Republic breached right to legal counsel

The European Union Court of Justice delivered a verdict fully supporting the European Commission’s infringement actions against Hungary and the Czech Republic. It concluded that both member states breached the EU directive guaranteeing the right to legal assistance in criminal proceedings, because their laws allowed police to begin questioning when a lawyer was not present. Hungary set a two-hour deadline from the notification of detention, while the Czech Republic allowed 48 hours and even permitted questioning if the lawyer could not be reached.

The court emphasized that the right to counsel requires the lawyer’s personal presence and effective participation, and that any exceptions must be narrowly defined by the directive, not by national legislation. Following the ruling, the two countries must take corrective measures or face possible further proceedings and financial penalties.