means all necessary and appropriate modifications and adjustments in the context of access to justice, where needed in a particular case, to ensure the participation of persons with disabilities on an equal basis with others.
eu/dir/2026/1472
Key facts
Type
Directive · (EU) 2026/1472
Adopted
17 Jun 2026
In force
20 Jul 2026
Made by
Council of the European Union, European Parliament
(9)Article 13 is replaced by the following:‘Article 13Right to legal aid1.Member States shall ensure that victims who have the right to become parties to criminal proceedings and who do not have sufficient means to pay for the assistance of a lawyer during criminal proceedings have access to legal aid, including, where applicable, for the purpose of claiming compensation.Member States may apply a means test, a merits test or both to determine whether legal aid is to be granted.Where a Member State applies a means test, it shall take into account all relevant and objective factors, such as the income, capital and family situation of the person concerned, the costs of the assistance of a lawyer and the standard of living in that Member State as well as the victim’s dependence on the offender.Where a Member State applies a merits test, it shall take into account the seriousness of the criminal offence, the complexity of the case and the seriousness of the harm suffered by the victim.The procedural rules governing victims’ access to legal aid shall be determined by national law.2.Notwithstanding paragraph 1, Member States shall ensure that certain categories of victims, as defined under national law, such as child victims or victims with disabilities, who have the right to become parties to criminal proceedings and who do not have sufficient means are entitled to legal aid.’;