ECtHR-FRA Handbook on European law relating to access to justice Zagreb, 5 February 2019 Dr. Matylda Pogorzelska Legal researcher EU Agency for Fundamental Rights

FRA’s main mission/task: Independent advice and assistance on fundamental rights issues to EU institutions and EU Member States Information and data collection: comparative research & data analysis (e.g. application in practice at national level of the different rights of defendants, such as the right to have access to a lawyer; quantitative survey on violence of women); Legal opinions addressed to EU and Member States: on laws and practices Capacity building at national level (FRA’s presence at ‘hotspots’ in Greece; handbooks; raising public awareness of rights). Helping to make fundamental rights a reality for everyone in the EU by providing comparative data, evidence-based expertise and advice to EU Institutions and the Member States as well as raising awareness

What and why? The handbook is designed to serve as a practical guide for lawyers, judges and other legal practitioners involved in litigation in the EU and in Council of Europe member states, as well as for individuals who work for non-governmental organisations and other entities that deal with the administration of justice. To raise awareness of the relevant legal standards set by the European Union (EU) and the Council of Europe, particularly through the case law of the Court of Justice of the European Union and the European Court of Human Rights OBJECTIVE: To raise awareness of the relevant legal standards set by the European Union (EU) and the Council of Europe, particularly through the case law of the Court of Justice of the European Union and the European Court of Human Rights. APPLICATION: The handbook is designed to serve as a practical guide for lawyers, judges and other legal practitioners involved in litigation in the EU and in Council of Europe member states, as well as for individuals who work for non-governmental organisations and other entities that deal with the administration of justice. PUBLICATION: In almost all EU official languages: launched in EN and FR; other EU official languages followed; This handbook is the fifth joint legal handbook of the two organisations - Council of Europe (ECtHR) and the FRA

What are the access to justice standards in Europe? This handbook summarises the key European legal principles in the area of access to justice as stemming from the case law of the CJEU and ECtHR, focusing primarily on civil and criminal law; In all EU official languages: (but for Irish); OBJECTIVE: To raise awareness of the relevant legal standards set by the European Union (EU) and the Council of Europe, particularly through the case law of the Court of Justice of the European Union and the European Court of Human Rights. APPLICATION: The handbook is designed to serve as a practical guide for lawyers, judges and other legal practitioners involved in litigation in the EU and in Council of Europe member states, as well as for individuals who work for non-governmental organisations and other entities that deal with the administration of justice. PUBLICATION: In almost all EU official languages: launched in EN and FR; other EU official languages (but for Irish and Maltese) to follow later this year; This handbook is the fifth joint legal handbook of the two organisations - Council of Europe (ECtHR) and the FRA

8 CHAPTERS right to effective remedy limitations on access to justice in general limitations in access to justice: length of proceeding access to justice in selected focus areas access to justice fair and public hearing legal aid right to be advised, defended and represented

How to use the handbook? Tables outlining addressed issues at the beginning of each chapter. Key points in yellow boxes highlighting selected ECtHR cases as well as references in the main text in order presenting CoE law. Key points in yellow boxes highlighting CJEU cases as well as way of references to relevant EU primary law and legislative measures, such as directives and regulations in the main text presenting EU law. Footnotes for further examples.

Other ECtHR-FRA handbooks European non-discrimination law (2nd version - 2018), European data protection law (2nd version - 2018); European law relating to the rights of the child (2015), and European law relating to asylum, borders and immigration (2014).

Feedback from legal practitioners: “I found the handbook a genuinely useful tool. It is an accessible, yet detailed and thoughtful, reference point. For me, this type of resource [...] is invaluable.” “From a practitioner’s point of view, the value of this handbook is in understanding - or being a reminder of - how directly applicable ECHR [and CJEU] law is in the everyday work of the criminal practitioner (I'm sure this is just as true of civil practice, but I'm not qualified to comment on that). I was particularly interested to see examples of cases giving authority on the question of having access to all evidence and appropriate time to consider it - and will definitely use it as an extra weapon that is badly needed in these times of late and inadequate disclosure, and mounting pressure from [...] to dispose of cases quickly. [...]. [I]t really isn't unusual for vital evidence to be provided on the morning of trial and [be granted only] hour to consider it before cracking on....So, your handbook will be used by this practitioner to, at the very least, make it more difficult for them to make these pronouncements!” “I contact you with regard to the recently released [version] of the handbook [...]. I wanted to ask whether it would be possible to receive the paper version? I am aware that the book is freely downloadable online. However, being a [legal] counsel, I [prefer to] have with me the paper version: its portable format make easy to carry it in all my business trips.”

Thank you! Matylda.Pogorzelska@fra.europa.eu