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This provision relates to criminal matters but the European Court of Human Rights has ruled that this principle also applies to civil matters.
If a person feels that his/her rights to legal aid have been infringed, that person can, under certain conditions, refer the matter to the European Court of Human Rights.
The Agreement introduces a procedure whereby, if you have your habitual residence in the territory of one of the Contracting Parties and wish to apply for legal aid in the territory of another Contracting Party, you may submit your application in the State where you are habitually resident. That State will transmit the application to the other State under certain conditions.
There is a list of authorities you can refer to.
A Convention signed in the Hague in 1980 on International Access to Justice also makes provision for the transmission of applications for legal aid between the Contracting Parties in the form of a model agreed by all. This Convention requires that nationals and residents of the Contracting Parties be granted legal aid in other Contracting States under the same conditions as if they resided there.
But this Convention has not been ratified by all the Member States of the Union.
Last update: 09-07-2007