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Access to Justice 2nd European Forum on Access to Justice 24-26 February 2005 Budapest, Hungary PRELIMINARY FORUM REPORT With the support of: i Copyright © 2005 by Public Interest Law Initiative/Columbia University Kht and Open Society Institute. All rights reserved. Parts of this report may be quoted or distributed as long as the Open Society Justice Initiative and the Public Interest Law Initiative are duly acknowledged as the source. No part of this publication may be reproduced or transmitted for commercial purposes without permission in writing from the Open Society Justice Initiative and the Public Interest Law Initiative. This publication has been produced with the assistance of the European Union. The content of this publication is the sole responsibility of the Open Society Justice Initiative and the Public Interest Law Initiative and can in no way be taken to reflect the views of the European Union. i TABLE OF CONTENTS About the Report iii Welcoming Remarks 1 Panel I. European and International Standards on Access to Justice: Recent Developments 5 Panel II. From Theory to Implementation: Reforming Legal Aid in Central and Eastern Europe 10 Panel III. Selected Approaches to Promoting Legal Aid Reform 16 Panel IV. Recent Developments in Selected Countries 20 Panel V. Legal Aid Provision in Non-criminal Matters 28 Breakout Group 1. Legal Aid Policy-making and Management 35 Breakout Group 2. Models of Criminal Legal Aid Delivery: Public Defenders, Judicare/Ex Officio, Contracts 39 Breakout Group 3. Paralegals and Non-traditional Methods of Legal Aid Delivery 42 Breakout Group 4. Monitoring and Research on Performance of Legal Aid Institutions 46 Closing Session 49 About the Organizers 50 ii About the Report: The Second European Forum on Access to Justice was organized by the Open Society Justice Initiative and the Public Interest Law Initiative, and took place in Budapest, Hungary, on February 24-26, 2005. The Forum brought together approximately 200 legal professionals, rights advocates, representatives of international institutions, and government officials from 40 countries to discuss strategies for improving access to justice in Europe and beyond. The presentations expanded on the themes of the first European Forum on Access to Justice, held in 2002, and covered a wide range of regional and country-specific efforts to expand access to justice for the indigent. They included discussions of ongoing legal aid reforms in Europe and beyond, developments in international legal aid standards, and civil society and government initiatives to put these standards into practice. The Preliminary Forum Report presents a narrative summary of the proceedings of the Forum. The Report was produced by the Public Interest Law Initiative and the Open Society Justice Initiative, based on the notes of rapporteurs at each session. Any errors, inaccuracies, or omissions are our own. iii 2ND EUROPEAN FORUM ON ACCESS TO JUSTICE FEBRUARY 24–26, 2005 Welcoming Remarks Edwin Rekosh Executive Director, Public Interest Law Initiative Edit Juhasz, Head of the Department for Justice, Administration and Codification, Ministry of Justice, Hungary Alexey Kojemiakov Head of the Private Law Department, Directorate General I (Legal Affairs), Council of Europe Zaza Namoradze Director, Budapest Office, Open Society Justice Initiative In his opening remarks, Edwin Rekosh Czech Republic, Slovakia, Romania, reflected on the changes that had occurred Moldova, Georgia, Kyrgyzstan, Mongolia, in the field of legal aid since the first and China – where the reforms have taken European Forum was held in December, on a remarkable scale. And very recently, 2002. That year’s conference brought in a case that has received significant together 100 individuals from about 25 publicity, the European Court of Human countries. The growth in size and scope of Rights found that the United Kingdom the Forum’s program in 2005, with 200 had committed a violation by refusing to participants from approximately 40 provide legal aid in a case in which two countries now participating, indicated, activists were defending themselves according to Mr. Rekosh, the profound against defamation charges brought by changes that have been occurring in the McDonald’s. field of access to justice, and the rapidly accelerating pace of law reform around Both the Public Interest Law Initiative the world. (PILI) and the Open Society Justice Initiative (Justice Initiative) have been The agenda of the present forum aimed to very actively encouraging these kinds of update participants on changes in changes, and the organizers were pleased countries that were the focus of the first to be able to bring together such a diverse Forum, such as Lithuania, where reforms and active group of participants to have steadily continued; Bulgaria, which compare notes and continue to make has recently seen some dramatic reforms; progress in further reforms. and Poland, where a new legal aid law was submitted to the parliament in the days immediately preceding the Forum. * * * Some legal reforms have also taken place in the last two years in a number of other countries, including Estonia, Latvia, the 1 Welcoming Remarks 2ND EUROPEAN FORUM ON ACCESS TO JUSTICE Speaking on behalf of the Hungarian by dedicating budgetary resources to legal Ministry of Justice, Edit Juhasz discussed aid, the reforms not only promote the the details of the recent judicial reform in stability of the legal aid system, but also Hungary, the development of which was a establish access to justice as a topic at the 2002 Forum, and as a result of governmental priority on a level similar to which a new law on legal aid was that of social security or education. ultimately adopted in 2003. In addition to creating new forms of legal aid and However, Ms. Juhasz noted, there are reforming existing institutions, the biggest many more challenges that lawmakers achievement of the new law was to define will need to address in the future, such as legal aid as a state service that operates improving the predictability of the consistently in all judicial fields. system, incorporating efficient financial planning and management of funds, and The law addresses legal assistance in three implementing effective quality control. main areas. First, it introduces a new The goal of establishing a comprehensive system of legal assistance in extra-judicial legal aid system that will assure matters. This service, in operation since individuals the most rapid, affordable, 2004, provides a way for the indigent to professional, and definitive resolution of get basic legal information on everyday disputes possible is a project that will take questions and helps individuals many years. The most immediate tasks determine, for example, which agency or Hungary faces include fulfilling its ministry to turn to, and where to get obligation under the EU to provide legal further legal assistance if necessary. The aid in cross-border disputes, as well as second area of reform is in civil legal undertaking reforms in perhaps the most disputes, and essentially consists of typical access to justice sphere, legal aid making available various reductions in for criminal defense. fees for the parties as well as state-paid legal representation. Third, the law makes In closing, Ms. Juhasz extended greetings changes in the criminal law sphere, from the Hungarian Minister of Justice, reforming various elements of the existing Mr. Jozsef Petretei and the administrative system of representation for injured state secretary, Mr. Ferenc Kondorosi, and parties in criminal cases. Both the civil and expressed the hope that the lessons criminal legal aid reforms will come into learned in the course of Hungary’s reform effect in 2006. Legal aid services will will be useful to participants from other involve two main actors: a network of countries, and will help draw attention to legal aid offices, which will determine the social and political benefits of clients’ eligibility, direct them to the improving access to justice. appropriate service provider, and take care of lawyers’ remuneration; and the lawyers and organizations under contract * * * with the state to provide substantive legal assistance. Alexey Kojemiakov of the Council of The most tangible effect of the reforms Europe began his welcoming remarks by will be to make it possible for more people noting that the Forum provides an to get legal aid in more ways and in a opportunity to thoroughly discuss the broader range of legal matters. By this international issue of access to justice, and means, the Hungarian government hopes come to a clear vision on how best to to have taken a meaningful step toward ensure that the principle is upheld in mitigating social inequality, and practice. Access to justice is a priority for promoting equal opportunity. Secondly, the Council of Europe – bilateral 2 Welcoming Remarks 2ND EUROPEAN FORUM ON ACCESS TO JUSTICE cooperation and activities promoting legislation to facilitate the transition. Most access to justice are part of the Council’s of these cooperation activities are focused daily work. Improving legal aid presumes on Eastern European countries. cooperation among governments in a Recognizing the need for an number of areas: increasing the individualized approach to each country, independence of the judiciary, developing Mr. Kojemiakov noted that the the capacity of professionals, and discussions and conclusions of the Forum improving the quality of services would be helpful in the Council’s effort to provided. At the intergovernmental level, develop a common model. work in these areas has also intensified, especially in the last decade since the * * * expansion of the Council of Europe. Working in this field requires asking a Zaza Namoradze extended a welcome somewhat provocative question: How can from the Open Society Justice Initiative. the quality and efficient implementation As the Justice Initiative’s mission is to of justice be measured? To begin to pursue law reforms grounded in human answer his question, Mr. Kojemiakov rights, Mr. Namoradze remarked that it pointed to the recently completed was exciting to observe that the right to European Judicial Systems 2002 report.
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