Right of access to a lawyer in Polish preparatory proceedings, comments on the Directive 2013/48/EU

This article aims to present the main issues related to the right of access to a lawyer in Polish preparatory proceedings in the context of the Directive 2013/48/EU. The deadline for its implementation expired on 27 November 2016, and although the Polish legislator tried to transpose its provisions by means of the 2018 amendment, it did not substantially change any rights falling within the scope of the right to a formal defence. The scope of the procedural right of access to a lawyer during a Polish preparatory proceeding raises a number of doubts regarding its compliance with EU law, particularly at the earliest stage of such a proceeding.