Brussels argues that Polish law still allows police to question suspects or collect evidence without a lawyer present, undermining basic procedural safeguards.
It also says Poland does not ensure the confidentiality of communication between detainees and their lawyers, despite this being explicitly required under the 2013 directive on the right to legal counsel.
Key gaps in Poland’s lawyer-access safeguards
According to the Commission, the shortcomings are particularly serious during the earliest stages of police investigations, when suspects are most vulnerable and legal advice is most crucial.
The complaint also highlights failures to correctly implement provisions requiring parents or appropriate adult representatives to be notified when a child is detained, as well as deficiencies concerning access to a lawyer in proceedings linked to the European Arrest Warrant.
In a parallel move, the Commission has launched a separate infringement procedure against Poland for not properly transposing the EU directive on legal aid.
EU finds Poland’s corrective steps insufficient
Brussels says Polish authorities do not guarantee timely access to state-funded legal assistance before questioning or evidence-gathering takes place.
The EU executive first opened the case on access to lawyers in May 2024 and issued a formal warning to Warsaw last year.
After reviewing Poland’s response, the Commission concluded that the government’s efforts to address the gaps were “insufficient”, prompting Thursday’s referral to the CJEU.
Both directives at the centre of the dispute are designed to establish minimum standards for fair trials across the EU and to strengthen mutual trust between member states’ justice systems.
(mp)
Source: IAR/PAP/CJEU