Section 3.9. Legal assistance and representation
Legal assistance is fundamental to inform applicants of their rights and obligations during the asylum process. A legal representative can ensure that the applicant fully comprehends the process and fully complies with the relevant obligations.
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. EU legislation requires Member States to make free legal assistance and representation available on request and under certain conditions during appeal procedures. 709
In 2023, many EU+ countries continued to improve access to and the quality of legal assistance in all stages of the asylum procedure. Developments included institutional changes, specialised training and amending the eligibility criteria to work as a legal assistance provider in the field of international protection.
Nonetheless, challenges were reported on accessing legal aid, particularly at the borders or in detention. For example, the lack of communication with a lawyer and an effective right to legal assistance for asylum seekers in detention was raised within different fora. Some countries amended national provisions to reinforce the right of detained asylum seekers to be in contact with family members, legal counsellors and relevant organisations.
With displaced persons continuing to arrive from Ukraine, some EU+ countries continued to provide legal information on and assistance with the temporary protection procedure.
3.9.6. Specific aspects of providing legal aid for displaced persons from Ukraine
at the border and in detention
- 709Official Journal of the European Union: Procedures Directive. (2013, June 26). Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast), Articles 20 and 21.
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L003…