Malta is critical of a new European Commission proposal that suggests giving criminal suspects access to a lawyer from the start of police investigations.

This proposal could lead to a situation where investigations are undermined in some states

The proposal “is not sensitive enough” and would “undermine” criminal investigations, according to a position submitted by the government.

Malta is not alone in opposing the proposal, which a few member states feel would go beyond the rights already afforded by the Convention of Human Rights, losing sight of the balance between the suspects’ rights and those of the society.

“Although we are all for the continuing strengthening of procedural rights, the proposal should strike a balance between the rights of the suspected and the interests of society in securing justice.

In our opinion the proposal does not strike this balance,” Malta’s Permanent Representative to the EU, Richard Cachia Caruana, told EU Justice Ministers.

“The proposal also seems to ignore the fact that member states have different measures in place on national level like obligations to release the person from detention within a specified time limit, the obligation to bring the person before a judge within a stipulated period and the obligation to provide the person access to a lawyer... this proposal could lead to a situation where investigations are undermined in some states,” Mr Cachia Caruana warned.

Malta’s criticism was echoed by other member states during a meeting of EU Justice Ministers last week which held a first discussion on the new plans.

France, the UK, Ireland, the Netherlands, Luxembourg and Belgium all sounded a negative note and the only member states showing a positive attitude were Sweden and Italy.

In a letter to the EU Presidency prior to the meeting, the French, Belgian and Dutch Justice Ministers made their objections clear.

“Making the presence of a lawyer compulsory at each step of the investigation where the presence of the suspect is either required or authorised (for example: fingerprinting), and authorising the physical presence of a lawyer in all cases, including minor cases, risks delaying the start of the investigation without any real added value for the interests of the suspect,” they wrote.

Like Malta, the three member states are arguing that several obligations listed in the proposal are not based on the jurisprudence of the EU Court of Human Rights.

Following the meeting, the EU’s Polish Presidency did not say whether the proposal would now be fine tuned but that “it is essential to maintain a balance between defence and legal proceedings.”

This latest proposal comes following a series of measures already taken by the Commission to set common EU standards in criminal cases.

EU Justice Ministers have already approved the first measure, which give suspects the right to translation and interpretation, while a second proposal, granting a “letter of rights” to suspects, is currently being negotiated with the European Parliament which must give its final approval before it becomes law.