The Right to Legal Aid in the Context of International Judicial Cooperation: Towards the Improvement of Equal Access to Justice for All?

Abstract

The present paper seeks to explore the present and prevailing obstacles to the respect of the right to legal aid, on the broader context of access to justice, against the background of the continuous efforts in European Union space for building a fair and inclusive society. We will first look into Directive 2016/1919 itself, as well as its context and provisions, framed in the context of the Europeanisation process in criminal matters. This first moment will allow us to better understand the prevailing critical issues hindering the full implementation of the Directive itself, and, consequently, its implications on restraining the fulfilment of right to legal aid. We will strive to comprehend how these obstacles, which stem from an ongoing – yet fundamentally unachieved – integration project, are further densified by the practices of front-line professionals involved in the provision of legal aid. Ultimately, we conclude that further investment in cooperation, both at the national and European levels, is direly needed for achieving a fairer and more inclusive European Union.

Keywords: Legal Aid; European Union; Procedural Rights; Access to Justice; Judicial Cooperation.

DOI: 10.7176/RHSS/11-12-04

Publication date:June 30^th 2021