Brussels: 04 June, 2026 — Brussels has sent a formal notification letter to Portugal, the first step in an infringement procedure, which now has two months to "respond and correct the shortcomings identified by the Commission".
The European Commission today opened proceedings against Portugal for failing to guarantee legal aid for suspects and defendants as stipulated in European legislation, specifically by restricting it in the case of foreigners without a valid residence permit.
In the June infringement package, presented today, the European Commission states that it sent a letter of notification to Portugal and a reasoned opinion to Bulgaria and Poland for not having "correctly transposed European Union (EU) rules on legal aid for suspects and defendants".
The European Commission states that European legislation guarantees "the protection of the fundamental rights of suspects or defendants, including for persons wanted under a European arrest warrant".
"In Poland and Portugal, national legislation does not guarantee that legal aid will be granted without undue delay before the questioning of suspects or defendants, or before the performance of specific related procedural acts," it states.
The European Commission also emphasizes 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 citizens who do not have a valid residence permit in an EU Member State," the Commission indicates.
The executive further adds that Portuguese legislation "does not clearly guarantee the right to legal aid for people detained in another Member State based on a European arrest warrant issued by Portugal."
The European Commission has therefore decided to send a formal letter of notification to Portugal, the first step in an infringement procedure, which now has two months to "respond and correct 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, it should be noted.