The European Commission will guarantee suspects’ rights to speak with a lawyer and inform family of arrest. In addition, they would have the right to contact their country’s consulate, if they are outside of their country.

Every year, there are over 8 million criminal proceedings in the European Union. The conditions under which suspects can consult a lawyer differ between Member States, although the right of defence for anyone suspected of a crime is widely recognised as a basic element of a fair trial.

The Commission's proposal would guarantee these rights in practice, by providing access to a lawyer from the first stage of police questioning and throughout criminal proceedings; allowing adequate, confidential meetings with the lawyer for the suspect to effectively exercise their defence rights; allowing the lawyer to play an active role during interrogations and to check detention conditions; making sure that the suspect is able to communicate with at least one family member or employer informing them of the arrest and custody; allowing suspects abroad to contact their country's embassy or consulate and receive visits and offering people subject to a European Arrest Warrant the possibility of legal advice in both the country where the arrest is carried out and the one where it was issued.

The Directive on access to a lawyer and notification of custody is the third step in a series of measures to set common EU standards in criminal cases. The others are the right to translation and interpretation and the right to information in criminal proceedings. These measures aim to establish clear rights across the EU and safeguard people's fundamental rights to a fair trial and the right of defence. Now, the proposals need approval by the European Parliament and Council of Ministers.