Ensuring equal legal aid to the citizens in the European Procedural Law

Petrescu, Oana-Măriuca (2014) Ensuring equal legal aid to the citizens in the European Procedural Law. Acta Juridica Hungarica, 55 (1). pp. 57-70. ISSN 1216-2574

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Abstract

“The right of poor persons” or legal aid, as part of the free access to justice and a fundamental right of the citizens, represents one of the most important components of the right to defence in proceedings brought before the European Union’s courts, if we include also the exemption of taxes and other financial obligations that can be ordered whenever individuals for financial reasons, cannot afford hiring a lawyer, no matter the object of the dispute, such as: civil, labour, administrative etc.This right is provided for both in the European primary and secondary legislation, including in Article 47 para. 3 of the Charter of Fundamental Rights of the European Union, and also at the national level, namely in the national constitutions and legislations of the 28 Member States.Establishing minimum common rules relating to legal aid for disputes by the Council Directive 2003/8/EC in January 2003 to improve access to justice in cross-border disputes is considered to be a cornerstone in respecting the principle of a good representation of the individuals in front of the European courts, pointing out the humanism of the European judicial system.

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