The Contribution of the European Charter of human rights to the right to legal aid

Abstract

In many countries, legal aid is an indispensable tool in order to ensure that everybody has access to the judicial system. Effective access to the judicial system is necessary in order to enliven fair trial guarantees. The rule of law requires not only that all are under, that is, bound by, the law but also that all can take refuge under the law in order to protect their rights. The high cost of legal services as compared to the average income in many countries, though, often pixwicl&ra barrier that prevents those who require legal services from actually obtaining them. While insurance schemes can provide a way to offset some of these costs, many potential clients decide against such forms of insurance because attorney fees are seen as a low-probability risk. From the perspective of the client, it is unlikely that one will be in need of an attorney. If this risk is then realized in the form of a legal dispute for which expert advice or even representation in the courtroom is required, the low-probability risk turns into a high-cost expense. This can leail to those who actually have a valid claim to forgo it for want of the funding that would be necessary to pursue the claim in the first place. This prohl'-m r;m he sol veil not only through voluntary pro bono services but more effectively through granting legal aid. While it might at first sight seem unfair that society at large should cover "the expenses of a private pursuit, in particular it' insurance services are available, it has to be kepi in mind that the losing party will usually be required to pay the costs incurred by the victor. If the party to a court dispute that has received legal aid wins the case, the opponent effectively will have to cover the costs that were initially borne by the slate, hence turning legal aid into a kind of credit that is paid back not by the initial beneficiary bul by ihe other party in the dispute.[...]