This chapter analyses the legislative history, main substantive content, and normative implications of Directive (EC) No 8/2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid. The ‘Legal Aid Directive’ aims to provide legal aid and hence support access to justice for natural persons in cross-border civil and commercial matters. The chapter examines the minimum standards introduced that impose an obligation of providing legal aid on the court of the Member State in which the relevant proceedings are pending. It also outlines the measures of simplification introduced including standard forms and deadlines. It contends that the Legal Aid Directive is only a minimum system and does not address several critical matters such as quality of the legal aid or the threshold for eligibility. Therefore, it is argued that despite development heterogeneity remains.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.