Implementation of the Legal Aid Directive in Spain
2020
The vast differences among the national standards for granting legal aid pushed the European Commission to propose common
minimum rules in order to harmonize this right. This initiative was intended to ensure the effectiveness of the right of access to
a lawyer, because the right of access to a lawyer can only be genuine if free legal aid is guaranteed when necessary. On the
one hand, the implementation of the (finally adopted) Directive 2016/1919 into national law raises new questions; on the other
hand, it has also been useful in resolving legal inconsistencies. This is the case in Spain, where the parliament implemented
the Directive in 2018. This article informs the reader about the main contents and deficiencies of this implementation and on
how Spanish judges have influenced the Spanish legislator with their jurisprudence by applying European standards even
before the entry into force of Directive 2016/1919.
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