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The efficiency and the effectiveness of legal aid schemes in the areas of civil and administrative law, Guidelines and explanatory memorandum
EAN13
9789287191588
Éditeur
Council of Europe
Date de publication
Langue
anglais

The efficiency and the effectiveness of legal aid schemes in the areas of civil and administrative law

Guidelines and explanatory memorandum

Council of Europe

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Access to justice is a vital element in the democratic process and one of the
basic principles of the rule of law. Access to legal aid – the provision of
legal advice, assistance and/or representation at either no cost or subject to
a financial contribution – is crucial to ensure access to justice. The
guidelines on the efficiency and the effectiveness of legal aid schemes in the
areas of civil and administrative law were adopted by the Committee of
Ministers of the Council of Europe on 31 March 2021. The guidelines take into
account existing international, European and national standards relating to
legal aid, and are built on the expertise of the European Committee on Legal
Co-operation (CDCJ) in legal aid policy and practice. They are designed to
serve as a practical guide to support the implementation of existing
standards, without necessarily changing organisational frameworks in place, in
order to strengthen national legal aid schemes in the areas of civil and
administrative law. The guidelines include generic solutions on issues such as
early intervention with the help of legal aid systems (preliminary legal aid),
quality assurance mechanisms in legal aid schemes, means and merits testing,
organisation of legal aid system and availability of legal aid providers, and
data collection. Further guidance is available in the accompanying explanatory
memorandum of the guidelines. This publication is aimed at decision-makers and
practitioners working to develop and improve the functioning of legal aid
schemes at national level. It also aims to support member States’ efforts
towards the implementation of the 2030 Agenda for Sustainable Development
vision of a “just, equitable, tolerant, open and socially inclusive world in
which the needs of the most vulnerable are met”, and notably SDG 16.3’s
promises to ensure equal access to justice for all.
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