The Committee of Ministers of the Council of Europe has adopted a set of guidelines for the 47 member states to help them improve the functioning of national legal aid systems in the field of civil and administrative law. The Committee of Ministers stresses the importance of having one. It is hoped that they will inspire policy makers in other countries that are not members of the Council of Europe in their reform processes through legal aid programmes. The main objective of the Legal Advice Division is to maintain high standards of quality and diligence in the processing of legal advice requested by legal bodies, operational and support services, in accordance with Rule No. 1390 of 11 May 2017 defining the role of the Directorate of Legal Advice and International Law within the General Secretariat of the Council of Europe. B. Cross-border legal aid The European Convention on the Transmission of Applications for Legal Aid Of course, the European citizen sometimes faces legal problems in a country where he does not live – perhaps while travelling, perhaps because a family member lives there, perhaps for other reasons. For example, a Roma who is travelling with his grandchildren from Austria has a car accident in Italy and the children are injured and he has to pay a lot of money for medical care. In this case, upon return to Austria, the person may apply for legal aid from the Austrian authorities (usually an ad hoc unit of the Ministry of Justice) in order to bring an action in Italy for damages. This is possible because Italy and Austria have ratified the European Convention on the Transmission of Applications for Legal Aid, which allows any person habitually resident in the territory of a Contracting Party who wishes to apply for legal aid in civil, commercial or administrative matters in the territory of another Contracting Party to lodge his application in that State: in which he has his habitual residence.
This Convention is a legally binding text for ratifying States. The European Convention on the Transmission of Applications for Legal Aid (ETS 92), opened for signature by the member States of the Council of Europe on 27 January 1977, is intended to assist persons in obtaining legal aid abroad in civil, commercial or administrative matters. The Convention may be used by persons entitled to legal aid who are habitually resident in one of the following countries to apply for legal aid in another country listed below. Since December 2000, the Agreement has applied to Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom and Azerbaijan. Germany has signed the agreement, but has not yet ratified it. Legal aid can take various forms, such as the provision of free or inexpensive legal advice or legal representation by a lawyer, partial or total exemption from other costs such as court fees or direct financial support for costs such as lawyer`s fees, court costs, etc. As more and more people travel and the number of disputes increases, the implementation of such an agreement becomes more and more important. Here are some examples of cases where the agreement can be used: if an accident occurs while a person is on holiday abroad; when a person purchases defective or dangerous goods abroad; or if a separated couple lives in different countries and has disputes over child custody or financial arrangements, in the case of matrimonial proceedings in which the spouses live in different states. In all of these and other cases, legal advice or legal proceedings may be required. The agreement allows economically weak people to access justice even in disputes abroad. The countries listed above have agreed to cooperate with each other within the framework of the agreement.
These countries have designated origin and receiving authorities responsible for responding to requests for legal aid received or addressed to each other. These authorities are intermediaries who process legal aid applications, help translate necessary documents, give advice, provide lawyers, etc. The application for legal aid abroad must be submitted to the authority of the applicant`s country of residence on the official application form provided by the authorities. This authority will also be able to provide applicants with all the information necessary to submit an application and to help them resolve any difficulties. Each country has its own conditions that must be met in order to be eligible for legal aid, and these conditions apply equally to applications for legal aid abroad under the agreement. The great merit of the agreement is that it facilitates access to legal aid for a low-income person in a State which has ratified the Convention other than that in which he or she has his or her habitual residence. Article 7 of the Agreement provides that the central authorities of the Contracting Parties shall provide each other with information on developments in their legal aid legislation. To this end, a committee linked to the Convention, the Multilateral Committee for the European Agreement on the Transmission of Applications for Legal Aid (T-TA), has been set up.
Its task is to examine problems relating to the application of the Agreement with a view to improving cooperation between the Contracting Parties. At its last meeting, on 11 September 2000, the T-TA Committee finalized a draft additional protocol to the Agreement, which dealt with issues such as improved cooperation between the Parties, provisions facilitating communication between lawyers and claimants, efficiency of the procedure and non-discrimination between nationals and foreigners in the application of the provisions of the Agreement. This Additional Protocol to the Convention should be finalised and opened for signature by the Committee of Ministers of the Council of Europe in 2001. For further information on the central authorities responsible for the application of the Convention in the Contracting States, please contact: EURODOC Directorate-General I – Legal Affairs Council of Europe F – 67075 Strasbourg Cedex. France IV. Some proposals for measures to facilitate cross-border access to mutual legal assistance Effective access to justice is one of the fundamental prerequisites for the establishment of the rule of law. A legal system that fully respects the rights of individuals would be useless if it were not inclusive and functioning. States must ensure that the rights of individuals in the administration of justice are respected in practice. Therefore, measures to facilitate cross-border access to legal aid for individuals can only be welcomed. However, it should be borne in mind that legal aid does not only mean that States fund lawyers for those who need them.