Portugal in trouble for not giving legal aid to undocumented foreigners

On a day when the European Commission has given with one hand, it has taken with another – by launching proceedings against Portugal for failing to guarantee legal aid to suspects and defendants as required by European law, specifically by restricting it for foreign nationals without a valid residence permit.

In the June infringement package, presented today, the Commission states that it has sent a letter of formal notice to Portugal, and a reasoned opinion to Bulgaria and Poland, for failing to “correctly transpose European Union (EU) rules on legal aid for suspects and defendants”.

The European Commission notes that European legislation guarantees “the protection of the fundamental rights of suspects or accused persons, including for those sought under a European arrest warrant”.

“In Poland and Portugal, national legislation does not ensure that legal aid is granted without undue delay prior to the questioning of suspects or accused persons, or prior to the carrying out of specific related procedural acts,” it states.

The Commission also points out that the European directive requires “that access to legal aid be guaranteed regardless of citizenship or nationality”.

“However, Portuguese legislation imposes undue conditions on access to legal aid for foreign nationals who do not hold a valid residence permit in an EU Member State”.

The Commission adds that Portuguese legislation also “does not clearly guarantee the right to legal aid for persons detained in another Member State, on the basis of a European arrest warrant issued by Portugal”.

Thus, Portugal has received what is the first step in an infringement procedure.

The country now has two months to “respond and remedy the shortcomings identified by the Commission”.

“In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion to Portugal”, the second step in the infringement procedure, adds Lusa (which is what Poland and Bulgaria have already received).

Source: LUSA

Natasha Donn

Journalist for the Portugal Resident.