Section 4.10. Legal assistance and representation
Legal assistance is fundamental to inform asylum applicants of their rights and allow them to comprehend the process. The provision of legal aid in the early stages of the asylum procedure increases the efficiency of the entire process by allowing case officers to assess a complete and accurate file, reducing the burden on decision-makers, reducing the rate of appeals and safeguarding the right to non-refoulement. Furthermore, EU legislation requires Member States to make free legal assistance and representation available on request and under certain conditions during an appeal procedure.
Lockdowns due to the COVID-19 pandemic continued to affect the provision of legal assistance in asylum and other related procedures in 2021, for example for the return of former applicants, family reunification and issuing residence permits after recognition. When personal contact between a legal aid provider and client was not possible, consultations were organised by email or phone, risking to affect the quality of services, confidentiality, submission of documents and building trust.
Some EU+ countries extended the provision of legal assistance or adopted guidelines to ensure an effective legal assistance at first instance, with a focus on the role of lawyers during the personal interview. Some legislative amendments clarified the scope of legal assistance, while other changes aimed to align state payments to legal representatives.
Along with difficulties in accessing the asylum procedure, some applicants lacked or had insufficient legal information and assistance at the European borders. Similarly, civil society organisations raised concern on legal aid for asylum applicants placed in detention (see Section 4.8).
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