ECRE has published a legal note analysing the right to legal aid and legal counselling for asylum applicants under the new Asylum Procedures Regulation (APR).
The analysis is focused on the relevant EU law standards in respect of legal aid and legal counselling and their application in practice, particularly Article 47 of the Charter of Fundamental Rights of the European Union, which ensures the right to an effective remedy and fair trial. The note also incorporates elements from the European Court of Human Rights’ jurisprudence and other Council of Europe standards.
Article 16 APR (legal counselling) and Article 17 APR (legal aid) are analysed separately with a view to understanding the relationship between the two provisions and the legal standards that should inform their implementation. Particular attention is paid to the definition of legal counselling as a broad right that goes beyond the right to information and ensures individual advice and guidance at first instance.
Finally, the note presents recommendations for preventing or overcoming potential implementation challenges through a rights-based approach focused on robust legal counselling services that guarantee timely individual advice to anyone who needs it, and reliable legal aid systems that ensure effective access to asylum.