Ministers' Deputies
    CM Documents

    CM(2003)98 Addendum 5 13 August 2003
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    851 Meeting, 9 September 2003
    10 Legal questions


    10.1 European Committee on legal co-operation (CDCJ)

    f. Draft Recommendation Rec(2003)… of the Committee of Ministers to member states containing a transmission form for legal aid abroad for use under the European Agreement on the transmission of applications for legal aid (ETS No. 092) and its Additional Protocol (ETS No. 179)

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    Draft Recommendation Rec(2003)…
    of the Committee of Ministers to member states

    containing a transmission form for legal aid abroad for use under the European Agreement on the transmission of applications for legal aid (ETS No. 092) and its Additional Protocol (ETS No. 179)

    (adopted by the Committee of Ministers on …
    at the … meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

    Having regard to the European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92), done at Strasbourg on 27 January 1977 (hereinafter referred to as “the Agreement”);

    Conscious of the importance of ensuring effective co-operation between the Council of Europe and the European Union, in order to permit persons in an economically weak position to exercise their rights more easily throughout Europe;

    Having regard to Recommendation No. R (99) 6 on the improvement of the practical application of the European Agreement on the Transmission of Applications for Legal Aid;

    Having regard to the conclusions of the Tampere European Council of 1999;

    Having regard to Resolution No. 1 adopted by the European Ministers of Justice at their 20th conference held in Budapest in 1996, on measures to ensure the fairness and efficiency of justice and, in particular, to reduce undue delays;

    Having regard to the Council Directive 2002/8/EC of 27 January 2003 and the practical benefit for the central authorities operating under the directive and the Agreement to use the same forms,

    Recommends that governments of member states:

    a. sign and ratify the Agreement and its Additional Protocol (ETS No. 179) as soon as possible, if they have not already done so;

    b. use the form contained in Appendix I to this recommendation, together with the form contained in Appendix I of Recommendation No. R (99) 6, when transmitting an application for legal aid to a Party to the Agreement and, wherever possible, accept these forms when it receives them from another Party;

    c. complete and send the acknowledgment form contained in Appendix I to this recommendation (which replaces the acknowledgment form contained in Appendix II to Recommendation No. R (99) 6) to the transmitting authority immediately upon acknowledgment of receipt of an application;

    d. send a copy of the translation of the form contained in Appendix I to the Secretary General of the Council of Europe who will ensure that a copy is sent to all central authorities designated under the Agreement;

    Decide that this recommendation will complement Recommendation No. R (99) 6 aimed at improving the practical application of the European Agreement on the Transmission of Applications for Legal Aid.

    Appendix I to Recommendation Rec(2003)…

    FORM FOR THE TRANSMISSION OF A REQUEST FOR LEGAL AID

 

    Special reasons, if any, for requesting urgent action on this application:

    Dossier reference:

    Dossier transmitted by: Date of transmission:

    Details of the transmitting authority:

    Name of the transmitting authority:

    Member State:

    Person responsible for the dossier:

    Address:

    Telephone:

    Fax:

    Email:

    To:

    Details of the receiving authority:

    Name:

    Member State:

    Address:

    Telephone:

    Fax:

    Email:

    Details of the person or company requesting legal aid:

    Full name of person or company name:

    Name of the representative if the applicant is a minor or incapable adult:

    Name of any other representative, if the applicant is an adult and has full legal capacity (e.g. lawyer, legal representative etc)

    Address:

    Telephone:

    Fax:

    Email:

    Languages:

    Details of the procedure:

    1. Is the requester of legal aid the plaintiff or defendant?

    2. Does the requester of legal aid want this aid in order to obtain:

    a) pre-litigation advice O

    b) assistance (advice and/or representation) within the framework of
    extrajudicial procedures O
    c) assistance (advice and/or representation) within the framework of envisaged legal
    proceedings O

    d) assistance (advice and/or representation) within the framework of ongoing legal proceedings O

    If yes:

    - Registration number:

    - Dates of hearings:

    - Name of the court:

    - Address of the court:

    e) obtain advice and/or representation within the framework of legal proceedings relating to
    a decision which has already been taken by a judicial authority? O

    If yes:

    - Name and address of the judicial authority:

    - Date of the decision:

    - Nature of the case:

    - Appeal against the decision O
    - Enforcement of the decision O

    3. Opposing party:

    4. Brief description of the nature of the case, including, as regards the circumstances mentioned in sub-paragraphs a), b) and c) of the paragraph 2, any information, which may help identifying the likely jurisdiction:

    ACKNOWLEDGEMENT OF RECEIPT

    the receiving authority:

    Name:

    Member State:

    Dossier reference:

    Date of receipt:

    Person responsible for the dossier:

    Address:

    Telephone:

    Fax:

    Email:

    If applicable, dossier transmitted to:

    Name:

    Person responsible for the dossier:

    Address:

    Telephone:

    Fax:

    Email:

    Acknowledgement of receipt of dossier transmitted by

    the transmitting authority:

    Name:

    Member State: 

    Dossier reference:

    Person responsible for the dossier:

    Date:

    Signature:



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