Tamara Ćapeta, the Advocate General of the European Court of Justice, has recommended that the court recognize violations of EU law by the Czech Republic and Hungary. According to her findings, both countries permit police interrogations of suspects and defendants without the presence of legal counsel, which contradicts EU directives ensuring a right to have a lawyer present during questioning. Although the Advocate General's opinion is not binding, it significantly influences the court's decisions.

The European Commission has initiated legal proceedings against the Czech Republic and Hungary for failing to comply with their obligations to provide access to legal representation during interrogations, as mandated by EU law. This legal action highlights broader concerns regarding the adherence to fundamental rights within these member states, particularly in the context of their judicial systems. The directive in question was adopted in 2013 and stipulates that individuals have the right to a lawyer throughout all stages of criminal proceedings unless they voluntarily waive that right.

The findings reveal that in the Czech Republic, suspects can be interrogated without a lawyer for up to 48 hours, while in Hungary, this period is just two hours. Such regulations raise serious concerns about the fairness of legal processes in these countries and could potentially impact their standing within the EU, further raising questions about the rule of law and human rights protections.