Case Law

The Case Law database provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports), the Committee of Ministers (resolutions), and the Court of Justice of the European Union.

Legal Aid Reform (Measure C2) (18 Entries)

Displaying 1-10 of (18)


CASE DATE:
Thursday, 12 Dec 2013
STATE:
Russia
OUTCOME:
Communicated case; questions to the parties.
SUBJECT MATTER:

Free legal assistance. Fair trial.



CASE DATE:
Thursday, 28 Nov 2013
STATE:
Portugal
OUTCOME:
"The Court clearly has no jurisdiction to rule on the questions referred for a preliminary ruling".
SUBJECT MATTER:

Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Right to an effective remedy – Legal persons pursuing a commercial objective – Legal aid – No link with European Union law – Clear lack of jurisdiction of the Court



CASE DATE:
Thursday, 14 Mar 2013
STATE:
Russia
OUTCOME:
Violation Article 6
SUBJECT MATTER:

Right to a fair trial. Criminal proceedings. Fair hearing. Free legal assistance.



CASE DATE:
Thursday, 14 Mar 2013
STATE:
Russia
OUTCOME:
No violation
SUBJECT MATTER:

Fair hearing. Defence through legal assistance.



CASE DATE:
Thursday, 4 Oct 2012
STATE:
Armenia
OUTCOME:
Violation of Article 6+6-3-d .
SUBJECT MATTER:

Right to a fair trial. Legal assistance of his own choosing. Obtain attendance and of witnesses


  • DETAIL:

    Complaint that his state-appointed lawyer had failed to provide adequate legal assistance; never spoken or met with him in private. Complained that there was no opportunity to cross-examine witnesses on whose statements his conviction was based. NO violat


    COURT:
    ECHR
    ARTICLE:
    6 6+6-3-c 6+6-3-d 6-1 6-3-c 6-3-d

CASE DATE:
Wednesday, 13 Jun 2012
STATE:
Germany
OUTCOME:
Order from the ECJ in relation to a request from a German court.
SUBJECT MATTER:

First subparagraph of Article 104(3) of the Rules of Procedure - Charter of Fundamental Rights of the European Union - Articles 47 and 51(1) - Implementation of European Union law - Action against a decision holding that a ruling delivered in another Member State ordering enforcement procedures was enforceable - Effective judicial protection - Right of access to courts - Legal aid - National legislation refusing legal aid to legal persons


  • DETAIL:

    The action, brought under Article 43 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, in order to contest a decision holding that an order for enforcement was enforceable under Article 38 to 42 of that regulation and ordering conservatory attachment measures constitutes implementation of European Union law for the purposes of Article 51 of the Charter of Fundamental Rights of the European Union. The principle of effective judicial protection, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, may include the right to be exempted from payment of procedural costs and/or fees due for obtaining the assistance of a lawyer in respect of such an action. However, it is for the national court to ascertain whether the conditions for grant of such aid constitute a restriction on the right of access to courts and tribunals which infringes the very essence of that right, whether they pursue a legitimate aim and whether there is a reasonable level of proportionality between the means used and the aim pursued. In carrying out that assessment, the national court may take into consideration the subject-matter of the dispute, any reasonable chances of the applicant's success, the gravity of what is at stake for him, the complexity of the law and procedure applicable and the ability of the applicant effectively to defend his cause. In order to assess the proportionality, the national court may also take into account the extent of the procedural costs to be advanced and whether or not they constitute an insurmountable obstacle to access to justice. Having regard more specifically to legal persons, the national court may take account of their situation. Thus, it may take into consideration, in particular, the legal form of the legal person in question and whether it is for profit or not and the financial capabilities of its members or shareholders and whether it is possible for them to obtain the sums necessary to bring the court proceedings.


    COURT:
    ECJ

CASE DATE:
Wednesday, 22 Dec 2010
STATE:
Germany
OUTCOME:
Judgment of the court following a request for a preliminary ruling from a German court.
SUBJECT MATTER:

Effective judicial protection of rights derived from European Union law - Right of access to a court - Legal aid - National legislation refusing legal aid to legal persons in the absence of 'public interest'


  • DETAIL:

    The principle of effective judicial protection, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that it is not impossible for legal persons to rely on that principle and that aid granted pursuant to that principle may cover, inter alia, dispensation from advance payment of the costs of proceedings and/or the assistance of a lawyer. In that connection, it is for the national court to ascertain whether the conditions for granting legal aid constitute a limitation on the right of access to the courts which undermines the very core of that right; whether they pursue a legitimate aim; and whether there is a reasonable relationship of proportionality between the means employed and the legitimate aim which it is sought to achieve. In making that assessment, the national court must take into consideration the subject matter of the litigation; whether the applicant has a reasonable prospect of success; the importance of what is at stake for the applicant in the proceedings; the complexity of the relevant law and procedure; and the applicant's capacity to represent himself effectively. In order to assess the proportionality, the national court may also take account of the amount of the costs of the proceedings in respect of which advance payment must be made and whether or not those costs might represent an insurmountable obstacle to access to the courts. With regard more specifically to legal persons, the national court may take account of their situation. The court may therefore take into consideration, inter alia, the form of the legal person in question and whether it is profit-making or non-profit-making; the financial capacity of the partners or shareholders; and the ability of those partners or shareholders to obtain the sums necessary to institute legal proceedings.


    COURT:
    ECJ

CASE DATE:
Thursday, 11 Feb 2010
STATE:
Russia
OUTCOME:
Violation of Article 6
SUBJECT MATTER:

Defence through legal assistance


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