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Civil legal aid funding in Europe : a comparative perspective
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Florence : European University Institute, 2021
EUI; LAW; LLM Thesis
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URAZ, Juliet-Nil, Civil legal aid funding in Europe : a comparative perspective, Florence : European University Institute, 2021, EUI, LAW, LLM Thesis - https://hdl.handle.net/1814/93826
Abstract
Carolingian kings of the 8th-century were already enjoining their judges not to charge court fees to the indigent in France. In England, such a fee waiver was formalized in the 1495 in forma pauperis statute. In the 19th-century Netherlands, Sweden, and Germany, pro deo and pro bono lawyers provided legal advice to the low-income population for free – or following the Latin meaning: for God and the public good. For centuries, legal help and assistance to the poor has thus been taken for granted in many contexts. Legal aid as we know it today, meaning the payment of legal costs out of public funds in cases where individuals in needs of legal services cannot afford it, is a recent invention with a centuries-old tradition. Surprisingly enough, such a social mechanism of legal assistance did not need to be coordinated at the international level to take very similar forms across countries and over time. Instead, almost every country in the world has seen their legal aid system shift from a charitable service to a publicly funded program, joining the set of welfare policies during the 20th century.
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Award date: 31 December 2021
Supervisor: Prof. Claire Kilpatrick (European University Institute)
Supervisor: Prof. Claire Kilpatrick (European University Institute)