17th July 2024 | News
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 focuses on the relevant EU law standards, 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.
Starting from previously identified challenges in the provision of legal aid in asylum procedures, the note analyses the new rules related to legal aid and legal counselling, identifies the main applicable guarantees and discusses their role in ensuring access to asylum. 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 application of different EU legal standards to each of them.
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.
