22-23 November 2017 in Vilnius, Lithuania

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Presentation transcript:

Enhancing the Quality of Legal Aid: General Standards for Different Countries 22-23 November 2017 in Vilnius, Lithuania Session III: Best Practices / Quality Indicators *** Four brief (!) introductory questions Prof. Dr. Christoph Burchard, LL.M. (NYU)

Directive (EU) 2016/1919 Article 7 | Quality of legal aid services and training 1. Member States shall take necessary measures, including with regard to funding, to ensure that: (a) there is an effective legal aid system that is of an adequate quality; and legal aid services are of a quality adequate to safeguard the fairness of the proceedings, with due respect for the independence of the legal profession. … Article 8 | Remedies Member States shall ensure that suspects, accused persons and requested persons have an effective remedy under national law in the event of a breach of their rights under this Directive.

Questions Indicators/counter-indicators/clusters of indicators? The role of „contexts“? Criminal justice system as a whole „Culture“ … 3. Taking into account what also „really“ (?) matters? Problems: (reasons for) „bad“ lawyers; access to justice; … Consequences: inadmissibility of evidence; costs in general; … Power: Who decides (e.g. on the quality of lawyers)?