6.11.2013 Official Journal of the European Union L 294/1 | (Legislative acts) DIRECTIVES DIRECTIVE 2013/48/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular point (b) of Article 82(2) thereof, necessary approximation of legislation would facilitate cooperation between competent authorities and the judicial protection of individual rights. (3)  Pursuant to Article 82(1) of the Treaty on the Func- Having regard to the proposal from the European Commission, tioning of the European Union (TFEU), fudicial cooperation in criminal matters in the Union shall be After transmission of the draft legislative act to the national based on the. p.r1¥1c1ple . 9f ml,ltual recognition ~ of i judgments and judicial decisions...". parliaments, Having regard to the opinion of the European Economic and Social Committee (), (4)  The implementation of the principle of mutual recog- nition of decisions in criminal matters presupposes that After consulting the Committee of the Regions, Member States trust in each other’s crlr.n}nal Jjustice systems. The extent of the mutual recognition is very much dependent on a number of parameters, which Acting in accordance with the ordinary legislative procedure (2), include mechanisms for safeguarding the rights of suspects or accused persons and common minimum Whereas: standards necessary to facilitate the application of the principle of mutual recognition. (1) Article 47 of the Charter of Fundamental Rights of the European Union (the Charter), Article 6 of the European Convention for the Protection of Human Rights and (5)  Although the Member States are party to the ECHR and Fundamental Freedoms (the ECHR) and Article 14 of to the ICCPR, experience has shown that that alone does the International Covenant on Civil and Political Rights not always provide a sufficient degree of trust in the (the ICCPR) enshrine the right to a fair trial. Article 48(2) criminal justice systems of other Member States. of the Charter guarantees respect for the rights of the defence. (2)  The Union has set itself the objective of maintaining and (6)  Mutual recognition of decisions in criminal matters can developing an area of freedom, security and justice. According to the Presidency conclusions of the European Council in Tampere of 15 and 16 October 1999, and in particular point (33) thereof, the principle of mutual recognition of judgments and other decisions of judicial authorities should become the cornerstone of judicial cooperation in civil and criminal matters within the Union because enhanced mutual recognition and the () OJ C 43, 15.2.2012, p. 51. (3) Position of the European Parliament of 10 September 2013 (not yet published in the Official Journal) and decision of the Council of 7 October 2013. operate effectively only in a spirit of trust in which not only judicial authorities, but all actors in the criminal process consider decisions of the judicial authorities of other Member States as equivalent to their own, implying not only trust in the adequacy of other Member States’ rules, but also trust that those rules are correctly applied. Strengthening mutual trust requires detailed rules on the protection of the procedural rights and guarantees arising from the Charter, the ECHR and the ICCPR. It also requires, by means of this Directive and by means of other measures, further development within the Union of the minimum standards set out in the Charter and in the ECHR.