Economic interests and human rights: efficient access to justice of legal persons

Váradi, Ágnes (2017) Economic interests and human rights: efficient access to justice of legal persons. In: Proceedings of IAC 2017 in Vienna: International Academic Conference on Teaching, Learning and E-learning and International Academic Conference on Management, Economics and Marketing., 2017.08.18-2017.08.19, Vienna.

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Abstract

According to Article 47 of the Charter of Fundamental Rights of the European Union (ChFR) legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice. Recent tendencies in the case-law of the European Court of Justice show that it seems to be more and more important for the European Union and its Member States to develop a clear strategy about the access to justice rights of both profitoriented and non-profitoriented companies in order to find a balance between the judiciary rights stemming from the ChFR, the legitimate interests of the society at the litigation of certain legal persons and the struggling for the financial capacities of the state not to be overstrained. That is why an overview is necessary about whether legal persons are entitled to legal aid, and if yes, what kind of measures can efficiently facilitate their access to justice. The current paper aims to summarize the general regulatory models at the level of Member States, to discuss what arguments would justify a uniform approach in this field and what are against it, as well as to determine those tendencies that could influence the future development of access to justice of legal persons. The analysis is primarily based on the most recent case-law of the European Court of Justice and other documents of EU institutions, on the examination of some models existing in the Member States and the relevant sources of secondary literature.

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