Politics Violation of the right to a lawyer? EU Commission sues Poland
According to the European Commission, Poland is violating EU standards for fair criminal proceedings. The Brussels authority is therefore taking the country to the European Court of Justice (ECJ).
11.12.2025, 15:07
SDA
Poland has not adequately implemented key provisions of a directive on procedural rights, such as access to a lawyer, the Brussels authority announced.
According to the Commission, Poland allows interrogations and the gathering of evidence without the presence of a lawyer. This means that suspects are not sufficiently protected at the beginning of police investigations, according to Brussels. This is in breach of EU regulations. The confidentiality of communication between suspects and their lawyers guaranteed in the directive is also not guaranteed under Polish law.
Furthermore, the Commission criticizes Poland for not fully implementing the duty to provide information when detaining minors. According to EU law, legal guardians or other appropriate adults must always be informed in such cases. Brussels also sees shortcomings in access to legal counsel in the procedure for executing the European Arrest Warrant.
As the guardian of the EU treaties, the Commission is responsible for ensuring that states comply with EU law.
