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EU Agency for Fundamental Rights
Making fundamental rights a reality for everyone in EU Introduction to the Handbook on European law relating to access to justice Vasco Malta
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FRA’s mission 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.
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FRA’s role and tasks to provide advice and expertise on fundamental rights issues to the European Union institutions and the Member States, when they implement EU law Information & data collection: research & comparative analysis to promote dialogue with civil society, in order to raise public awareness of fundamental rights and actively disseminate information about its work Ref. Council Regulation (EC) 168/2007 of 15 /02/2007
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The FRA provides comparable and robust data and analyses based on rigorous research methodologies in the social sciences and legal fields covering all EU Member States or groups of Member States Some Examples: European Union minorities and discrimination survey (EU MIDIS II): The second wave of the EU MIDIS survey which aims to assess progress made over the past five years, since 2008. Legal Opinions: FRA Opinion on fundamental rights in the 'hotspots' set up in Greece and Italy / FRA Opinion on the impact on children of the proposal for a revised Dublin Regulation Roma survey: Survey to show the real living conditions and situation of discrimination among Roma FRA-ECtHR handbooks: Handbook on European law relating to asylum, borders and immigration, rights of te Child, Etc.
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Handbook on European law relating to access to justice
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Handbook on European law relating to access to justice
Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. 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
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Handbook on European law relating to access to justice
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
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Handbook on European law relating to access to justice
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
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Handbook on European law relating to access to justice - subject
The handbook concerns application of the law at national level, so does not address issues of standing and admissibility before the ECtHR and CJEU, except where this aids the understanding of individual rights. Similarly, international instruments and case law, and national case law, are only referenced when these help understand the points made, and/or where the issue has not been addressed by the ECtHR and CJEU yet
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How to use the handbook? Table 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.
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Promising practices described in the handbook
Selected promising practices Using mediation in family procedures Providing legal aid to vulnerable groups Supporting victims with learning disabilities Speeding up proceedings Enforcing judgements efficiently Offering online legal aid
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Other handbooks? Previous handbooks focused on European non-discrimination law, European law relating to asylum, borders and immigration, European data protection law, and European law relating to the rights of the child. Example of how successful these handbooks are: e.g. since it was published in 2013 until the end of 2015, the Handbook on the European law relating to asylum, borders and immigration was downloaded in different language versions from either FRA or Council of Europe’s website 124, 833 times.
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Handbook on European law relating to asylum, borders and immigration
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Handbook on European non-discrimination law
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Handbook on European data protection law
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Charterpedia: A one-stop-shop for Fundamental Rights
Charterpedia is an online tool which provides easy-to-access information about the fundamental rights framework and includes the full text and legal explanations of the Charter articles, related EU and national case law, and related FRA publications, provided on an article-by-article basis. The original compilation was created by the European Parliament's Civil Liberties, Justice and Home Affairs (LIBE) Committee. It is currently maintained by the FRA.
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Any questions? Thank you for your attention!
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