Press Release: Commission adopts Green paper on legal aid in civil matters

The Commission adopted a Green Paper on legal aid in cvil matters on 9.2.00. The Green Paper represents the first step towards the achievement of the goal set out in the conclusions to the special European Council meeting held in Tampere on 15 and 16 October 1999 on the creation of an area of freedom, security and justice in the European Union. The European Council invited the Council, on the basis of proposals by the Commission, to establish minimum standards ensuring an adequate level of legal aid in cross-border cases throughout the Union.

The scope of what may constitute 'legal aid' may vary from country to country . For the purpose of the Green Paper, the Commission understands by the expression 'legal aid' any of the following :

provision of free or low-cost legal advice or court representation by a lawyer;

partial or total exemption from other costs, such as court fees;

direct financial assistance to defray any of the costs associated with litigation.

For a number of years, a series of questions to the European Parliament and correspondence addressed to the Commission have brought to light some of the problems that exist with regard to access to legal aid for persons involved in disputes and litigation in a Member State other than their own. These systems differ considerably, thereby presenting a cross-border litigant with serious difficulties.