The ECBA has long campaigned that there are no real procedural rights to defendants and accused persons, without access to a lawyer to advise on and assert those rights on behalf of the individual. In order to ensure access to justice and a lawyer, there is also a need for access to free legal advice through availability of legal aid. In particular, where there are increasing mutual recognition instruments, there is generally a need for advice in both the issuing and executing states to ensure that procedural safeguards are not breached.
Measure C of the Roadmap of Procedural Safeguards introduced by the Stockholm Programme is “Legal Advice and Legal Aid”.
The ECBA is involved in advising the Commission and gathering information to assist in the drafting of this proposal.
The ECBA is also involved in various projects related to legal aid, including the current project with Justice on legal aid in European Arrest Warrant cases.
If you are interested in a Project and/or Working Group please contact the secretariat (email@example.com)
WORKING DOCUMENT on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings
- ECBA comments and recommendations following the proposed instruments on legal aid published by the European Commission in November 2013
- ECBA Touchstones - Minimum Standards for the right to Legal Aid (Measure C part 2)
- ECBA legal aid questionnaire
- European Commission legal aid survey
- UN Principles and Guidelines on Legal Aid
- Best Practice in European Arrest Warrant Cases
- The ECBA and Legal Aid in the EU
- Cross Border Legal Aid Project
- Suggested Code of Practice
- Practical and effective, not theoretical and illusory