Academic literature on the topic 'Legal assistance to the poor – Europe'
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Journal articles on the topic "Legal assistance to the poor – Europe"
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Libanova, Еlla. "Minimum subsistence level in the social policy of the poor countries of Europe: the case of Ukraine." Economic Annals-ХХI 182, no. 3-4 (April 15, 2020): 117–25. http://dx.doi.org/10.21003/ea.v182-12.
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The category of «minimum subsistence level» (SL), also referred to as «absolute poverty line», is one of the fundamental in the socio-economic policy of the modern country. The majority of social transfers depends on the size of the minimum subsistence level, i.e., the level of state support for vulnerable groups of the population; SL is the basis for setting a number of salaries in the budgetary sphere and, accordingly, the amount of tax revenues; the practice is common of reconciling the size of the minimum wage and the maximum level of income from which contributions to compulsory state social insurance are paid with SL. Thus, the SL forms a significant part of budget expenditures and at the same time revenues in the public finance system. The article presents the results of systematization of the principles and methods of calculating SL adopted in different countries. In particular, the characteristics of normative, structural and normative, statistical, resource-based and subjective approaches are given. Considering the well-founded claims to the current methodology for determining SL in Ukraine, the urgent need for its transformation is emphasized and the author’s vision of innovations is highlighted. The rationale is provided for introducing a structural and normative approach for the analysis, monitoring and forecasting of social development and welfare, differentiated by age groups, determined in accordance with participation in education and the labour market. The necessity is emphasized of: developing the norms of food consumption exclusively by medical specialists; using different SL structures; transition to the calculations of SL of the households with a separate definition of the so-called semi-fixed costs (at the level of 20-30% of the food component of a person aged 20-64), which eliminates the use of disputable scales of equivalence. For the purpose of social assistance and calculation of its amount, it is proposed to focus on 40% of the median official salary. The argument is that payouts from the budget depend on the revenues, i.e., taxes on legal wages, and, moreover, this is the threshold accepted in many European countries. The article provides examples of SL calculations, in particular, with the definition of the impact of various methodological schemes on the level and depth of poverty in the country, on the structure of the poor.As the final result the proposals are given for the use of SL in public policy.
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Lanang Putra Perbawa, Ketut Sukawati, and Maheswara Perbawa Sukawati. "Legal Assistance For The Poor." Ganaya : Jurnal Ilmu Sosial dan Humaniora 3, no. 1 (March 17, 2020): 146–62. http://dx.doi.org/10.37329/ganaya.v3i1.430.
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Memberikan bantuan hukum kepada masyarakat menjadi hal penting bagi beberapa negara, dalam pemenuhan hak asasi manusia dan sebagai indikator negara hukum sekaligus. Pemberian Bantuan Hukum telah diatur dalam konstitusi atau Konvensi Internasional lainnya, selain dari sektor Hukum yang juga perlu diwujudkan, mencapai Keadilan Sosial dan perlindungan bagi setiap masyarakat di Indonesia. Ada banyak masyarakat miskin, pemahaman dan kesadaran hukum yang buruk dan menjadi hal penting untuk memiliki lembaga yang memberikan bantuan hukum kepada masyarakat.
Efektivitas pemberian bantuan hukum kepada orang-orang yang tidak mampu (orang miskin) sebelum diberlakukannya Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum masih belum berjalan dengan baik. Hal ini disebabkan oleh faktor struktur hukum (kurangnya kesadaran advokat / pengacara hukum) dan faktor-faktor dalam hukum substantif (regulasi bantuan hukum yang tidak memadai). Namun, dengan diberlakukannya UU No. 16 Tahun 2011 Tentang UU tersebut terungkap jaminan hukum yang lebih kuat untuk pemberian bantuan hukum kepada mereka yang tidak mampu (orang miskin), walaupun pada kenyataannya mereka menemukan beberapa pengacara atau pengacara yang tidak bermoral yang masih enggan memberikan bantuan hukum kepada orang-orang yang tidak mampu.
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Wijaya, Irawan Adi. "Hukum dan Keadilan : Bantuan Hukum LBH Mega Bintang dalam Perkara Perdata Masyarakat Tidak Mampu." Lisyabab : Jurnal Studi Islam dan Sosial 1, no. 1 (June 30, 2020): 143–52. http://dx.doi.org/10.58326/jurnallisyabab.v1i1.21.
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The purpose is conducted to determine the efforts of The Institution of Legal Aid Mega Bintangin providingcivil case legal assistance to poor people. Done with normative and empirical studies, this research is describeddescriptively-analytically. The Institution of Legal Aid Mega Bintang provides legal assistance to poor people free.Loyalty is given to legal aid recipients regardless of ethnicity, race, religion, social status, economic conditions,profession, and so on. Procedure for providing legal assistance is carried out in accordance with applicablestandards. This was done to achieve the rule of law.
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Alamsyah, Tofan, and Gunarto Gunarto. "Legal Form of Relief Is Free Of Charge by the Person or Group of Advocate for the Poor (Study at Jurisdiction in Ex Residency of Cirebon)." Jurnal Daulat Hukum 3, no. 1 (April 12, 2020): 35. http://dx.doi.org/10.30659/jdh.v3i1.8373.
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The problems of this study are: 1) forms of legal assistance free of charge given to the person or group of poor people in the Ex Residency of Cirebon, 2) challenges and solutions lawyers to provide legal assistance free of charge at the Ex Residency of Cirebon, 3) forms of legal protection given for free of charge that given to the person or group of poor people in the Ex Residency of Cirebon in the future.The method used by researchers is legal approach empirically and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies members of the Police of the Police Ciwaringin and Secretary Untag Jaya, And secondary data obtained from the study of literature relating to the theory of justice and progressive law.Based on the results of research that form of legal aid free of charge is given to a person or a group of poor people in the Ex Residency of Cirebon, have been met by providing a list of advocates in the district police or through the Legal Aid Post (ZIP Bankum) in each court both the General and courts that exist in the jurisdiction of the Ex Residency of Cirebon. Problems were found in providing legal assistance free of charge to the poor, is not all lawyers enrolled in Posbakum and district police to and willing to help to the poor who need legal help; The solution needed is a regulation that requires all lawyers who have permits proceedings to register and willing to help the poor who need legal aid, and the obligation to serve as a form of professional advocate obligation to perform community service.Keywords: Legal Assistance Free of Charge; Advocate, Poor.
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Jaya Putra, Marwan. "Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 1 (April 2, 2019): 31. http://dx.doi.org/10.25041/fiatjustisia.v13no1.1406.
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The provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law.
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Setiawan, Dani. "Access to Justice and Fair for the Poor: How Effective the Legal Aid Provided by Government?" Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 173–84. http://dx.doi.org/10.15294/ijicle.v3i2.46173.
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Providing legal assistance to the poor continues by the government to realize legal access and justice for all levels of society. Several regulations regarding legal aid have been issued by the state through the law and implementing regulations, but the fact is that the provision of legal aid is not yet effective. This causes a lack of access to law and justice for the poor. The effectiveness of providing legal aid by the government needs to be assessed to see how effective the legal aid program provided by the government is to realize legal access and justice for the poor. Therefore, criticism and advice should be given to the government in order to optimize legal assistance in order to achieve legal access and justice for all levels of society.
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Faza, Muhammad Irfan. "How Do the Poor Get the Justice They Deserve? Study of the Legal Aid Law in Indonesia." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 151–62. http://dx.doi.org/10.15294/ijicle.v3i2.46169.
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Indonesia is a country that respects and upholds human rights. All Indonesian people have the same rights when confronted with the law. They have the same position and should not be discriminated against. economically disadvantaged people find it difficult to obtain a legal position. To examine this problem, the authors use the approach used is an approach using legal science and social science called the socio-legal approach. The poor who are experiencing legal problems has the right to get the same treatment as others. They are entitled to get assistance from advocates. The guarantee of the community to achieve justice can be interpreted as equal rights to obtain, use and benefit from the judicial process obtained through the courts or through informal mechanisms. Providing legal assistance to the poor does not always run smoothly, there must be obstacles that prevent it. However, despite experiencing obstacles in providing legal aid in Indonesia, it can already be said to be effective, proven by the many legal cases that use legal assistance without the need for the poor to pay.
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Amin, Choerul. "Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 235–44. http://dx.doi.org/10.15294/ijicle.v3i2.46172.
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Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms.
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Pohan, Sarmadan, Sutan Siregar, Syamsiah Depalina Siregar, and Abdul Gafur Marzuki. "PRODEO LEGAL SERVICES TO NEEDY COMMUNITIES IN THE DISTRICT COURT SYSTEM." INTERNATIONAL CONFERENCE ON RESEARCH AND DEVELOPMENT (ICORAD) 1, no. 1 (February 26, 2022): 108–13. http://dx.doi.org/10.47841/icorad.v1i1.15.
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The purpose of this research is to determine the best methods for providing legal assistance and the role of advocates in providing legal assistance to the needy community on Mandailing Natal's district court. The type of research used is sociological juridical, to determine how the law is applied in the community. Implementing legal aid for the poor is critical because it touches on every citizen's constitutional rights. Regarding some of the documentation requirements, the applicant must submit a written application containing at the very least his or her identity and a brief description of the subject matter for which legal aid is being sought, followed by the submission of case documents and an attachment of a poor certificate from the headman, village head, or another official equivalent in the applicant's place of residence. As a result of this research, it is concluded that providing legal aid to the poor is necessary, as it involves the constitutional rights of every citizen. Assistance is required by an advocate
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Ramdan, Ajie. "Bantuan Hukum Sebagai Kewajiban Negara Untuk Memenuhi Hak Konstitusional Fakir Miskin." Jurnal Konstitusi 11, no. 2 (May 20, 2016): 233. http://dx.doi.org/10.31078/jk1122.
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Legal aid as the state’s obligation to fulfill the constitutional rights of the poor very interesting study. The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor is to provide funding to legal aid through the state budget. Because the Law No. 16 Year 2011 on Legal Aid takes the concept of legal aid welfare model. This paper will analyze the decision of the Court No. 88/PUU-X/2011 the constitutional rights of the poor to obtain legal assistance that the duty of the state . The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor expanded in the Law No. 16 Year 2011 on Legal Aid , involving not only advocate, but also paralegals, lecterur and college students of faculty of law. This is because the constitutional legal aid was adopted by Act No. 16 of 2011. Thus justice seekers who are unable or poor should get legal assistance in legal proceedings to obtain justice. Governments need to do the verification, selection, and evaluation, as well as provide accreditation for legal aid agencies that meet or do not qualify as legal aid.
Dissertations / Theses on the topic "Legal assistance to the poor – Europe"
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KHADAR, Lamin. "Expanding access to justice : an exploration of large firm pro bono practice across Europe." Doctoral thesis, European University Institute, 2019. http://hdl.handle.net/1814/63004.
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Defence date: 24 May 2019Examining Board: Professor Claire Kilpatrick, European University Institute; Professor Scott Cummings, UCLA; Professor Louise Trubek, University of Wisconsin; Professor Joanne Scott, European University Institute
Awarded the Mauro Cappelletti Prize 2020 for Best Doctoral Thesis in Comparative Law defended in 2019
This PhD thesis explores pro bono practice among large, international law firms in Europe. The central question addressed by the thesis is: does “Big Law Pro Bono” contribute to access to justice in Europe? The thesis commences with a review of the literature which both contextualizes and situates the thesis. This review also identifies gaps in the existing literature particularly related to the globalization and localization of law firm pro bono and its practice beyond the United States (i.e. its practice in other parts of the world such as Europe, Asia, Africa and Latin America). After identifying issues with the current definition of access to justice, used throughout much of the existing literature, the thesis proposes a new definition which is then used throughout the thesis to evaluate pro bono practice in Europe. Towards this end, the thesis first provides historical context to law firm pro bono practice by exploring the history of pro bono, legal aid and other models of progressive lawyering across Europe. Following this, the thesis closely explores the process by which large firm pro bono practice arrived in Europe (i.e. globalization), the contemporary practice and the process by which it adapted to the European legal, social and political ecosystem (i.e. localization). Ultimately, it is suggested that large firm pro bono does not contribute to access to justice in Europe insofar as access to justice is defined narrowly - in the way that it has been conceived of in much of the existing literature. However, by embracing a broader definition of access to justice, it is possible to perceive the actual (and possible) social and political impact of large firm pro bono practice in Europe.
Chapter 6 ‘Does Big Law Pro Bono contribute to access to justice in Europe? Can it?' of the PhD thesis draws upon an earlier version published as chapter 'The EU public interest clinic and the case for EU law clinics' (2018) in the book ‘Reinventing legal education : how clinical education is reforming the teaching and practice of law in Europe’
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Dreyer, David J. "Culture, structure, and pro bono practice /." abstract and full text PDF (UNR users only), 2006. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1449203.
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Thesis (M.J.S.)--University of Nevada, Reno, 2006."December, 2006." Includes bibliographical references. Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2008]. 1 microfilm reel ; 35 mm. Online version available on the World Wide Web.
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Lancaster, Colin. "Break with tradition : the impact of the legal profession and the dominant paradigms of legal practice, legal needs and legal services on the development of law centres in Strathclyde and the West Midlands." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/10537.
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This thesis takes as its starting point the proposition that the restricted development of law centres in the United Kingdom has been a result of the exercise of power by the legal profession. This was based on the evidence of the legal profession's influence on the initial development of public legal services policy and the profession's active opposition to the emergence of the first law centres in the United Kingdom. However, law centres remained on the margins of public legal services policy, despite the retreat of the profession from its original position. Thus, it was suggested that the key issue was not simply the power of the profession, but also the power of the dominant paradigms of legal practice, legal needs and legal services. This is reflected in the private practice and casework orientation of the legal aid system. Law centres challenge the dominant paradigms in many ways. They offer a multi-faceted approach to the resolution of the legal and socio-economic problems of the poor and do so in a not-for-profit, community-controlled and often collectivist context. Through quantitative and qualitative techniques employed in a multiple case study setting, this study sought to test the 'power hypothesis' empirically. Focusing on all of the law centres operating at any time between 1974 and 1997 in Strathclyde and the West Midlands, detailed accounts of significant events and periods in each centre's birth, life and, where appropriate, death were constructed. The thesis provides for the first time a social historical narrative of the development of law centres in these two locations. These accounts reveal that the profession and the dominant paradigms have had an impact on law centres in many significant ways. However, several of the greatest difficulties faced by law centres cannot be explained by reference to this conceptual framework. Accordingly, the thesis concludes that a wider theoretical framework is required to explain the development of law centres. This wider framework must draw on several existing traditions. It should recognise the importance of community, local and ethnic politics; social exclusion and ethnicity; and organisational and change management. However, it must also recognise the power of the legal profession and the dominant paradigms, as the additional challenges this brings distinguish the experience of law centres from that of other radical, community organisations.
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Holness, David Roy. "Coordinating legal aid services in civil matters for indigent people in eThekwini: a model for improved access to justice." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/10981.
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The South African law and legal system can and should be a mechanism through which the lives of all resident there are enhanced through the safeguarding and advancement of the fundamental rights guaranteed in its Bill of Rights. This thesis focuses on ‘legal aid’ service delivery (broadly speaking) for the indigent in a particular locality by and through registered law clinics, other legal services providers and via other means in civil rather than criminal matters. In this regard there continue to be very substantial differences between the proper access to civil justice requirements of constitutional South Africa and the actual situation which has existed since the dawn of South Africa’s democratic era which continues unabated. Justice and equality are promised to all in South Africa, yet due to gaps in the ‘net’ of free legal services provided to the indigent, the ability to pay for legal services in civil cases often remains the deciding factor. This study examines the constitutional obligations which, it is argued, apply to the provision of free civil legal services to impoverished people in South Africa. This research considers the law as a vector for necessary positive transformation in the daily lives of those resident in South Africa, which is considered within the country’s woefully unequal socio-economic situation. It builds upon existing research and court authority which show the function of access to justice as an important promoter of the type of society envisaged by the South African Constitution - one where the enjoyment of justice and equality are within the reach of all. However, at present, if one can afford the expensive services of lawyers in civil matters, then access to justice is far more readily attainable. But the opposite is true where someone is denied meaningful access to justice through a lack of legal representation because they cannot afford prohibitively high lawyers’ costs (and disbursements) and no adequate alternatives are provided for by the state or through other means. In these circumstances a vulnerable, unrepresented litigant in a civil case faces a greatly increased likelihood of being denied proper access to a daunting and intricate legal system. There are two main reasons for concentrating on free legal services to the ‘needy’ in civil rather than criminal matters. In the first place, all available statistics show that a huge proportion of legal aid services in South Africa has been and continues to be dispensed in criminal rather than civil cases. Secondly, there has been minimal research or case authority in South Africa on legal aid and other free legal services for impoverished people in civil matters. This thesis examines the state of free civil legal service provision and the need for such assistance within the eThekwini Metropolitan Municipality, one of South Africa’s largest metropoles. This analysis includes an empirical study of the requests for free civil legal services in a particular year by qualifying potential clients in eThekwini and the degree to which free legal service providers are meeting or failing to meet those needs. The study considers the legal service provision in such matters by legal non-governmental organisations, state-supported legal service providers and the work of legal professionals in private practice acting pro bono. The thesis then proposes a model for eThekwini for coordinating (and concurrently improving) civil legal aid services, pro bono legal work and other forms of free legal assistance - like community service by senior law students and law graduates - in response to the particular needs and circumstances facing the indigent there. When referring to the concept of ‘legal aid services’, this research concentrates on legal advice, assistance and representation to indigent clients. However, the promotion of legal rights awareness to such clients is often necessary to open their eyes to the possibility of legal avenues, where appropriate, to improve their situations. Therefore this study also considers - albeit to a lesser degree - this more indirect form of legal assistance through the dissemination of legal knowledge in an accessible form to clients who would qualify for legal aid assistance. The work concludes by briefly postulating the likely appropriateness (and/or limitations) of the aforementioned ‘free civil legal service model for the indigent’ beyond eThekwini.
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Alfsen, Therese Berg. "Norwegian development aid to civil society : the Norwegian Bar Association's legal aid project in Nepal /." Oslo : Det humanistiske fakultet, Universitetet i Oslo, 2008. http://www.duo.uio.no/publ/IAKH/2008/74231/ThereseAlfsen_MasterThesis.pdf.
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ALVES, CLEBER FRANCISCO. "THE STRUCTURE OF FULL AND FREE LEGAL ASSISTANCE SERVICES FOR THE POOR IN THE UNITED STATES, IN FRANCE AND IN BRAZIL AND ITS CONTRIBUTION TO ACHIEVE EQUAL JUSTICE FOR ALL." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2005. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=8069@1.
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COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIORUNIVERSIDADE CATÓLICA DE PETRÓPOLIS
A Constituição da República, de 1988, estabelece que os Estados e a União Federal têm a obrigação de prestar assistência jurídica integral e gratuita aos necessitados devendo fazê-lo por intermédio da Defensoria Pública. O presente trabalho tem por objetivo permitir uma melhor compreensão acerca desse modelo brasileiro de prestação de assistência jurídica, tal como estabelecido na Constituição, com o propósito de averiguar se realmente é o mais apto para garantir o pleno acesso de todos à Justiça e, conseqüentemente, assegurar a efetividade dos direitos fundamentais das pessoas desprovidas de recursos econômicos para atingir esses fins por meios próprios. Para cumprir com esse objetivo, realizou-se inicialmente uma análise crítica na perspectiva histórica e das principais referências normativas do ordenamento jurídico constitucional e infraconstitucional em vigor no país, que regem o exercício do direito à assistência jurídica integral, ou seja, a assistência que é prestada tanto em âmbito judicial quanto extrajudicial, e um estudo das normas que regem o funcionamento da Defensoria Pública. Outro caminho percorrido foi o de investigar mais a fundo os modelos de assistência jurídica gratuita em funcionamento na França e nos Estados Unidos. Tais sociedades foram escolhidas não apenas pela grande influência histórica que têm tido na evolução das instituições jurídico-políticas brasileiras, mas também porque apresentam características bem diversificadas em seus sistemas jurídicos, o que contribuiu para a ampliação dos horizontes do estudo realizado. Para melhor compreensão desses sistemas alienígenas, realizamos duas temporadas consecutivas de estudos no exterior, permanecendo seis meses nos Estados Unidos e seis meses na França. Utilizando a metodologia de caráter etnográfico (observação e entrevistas), tivemos a oportunidade de acompanhar de perto o funcionamento real desses dois modelos de assistência jurídica, com visitas a instituições e acompanhamento de seu trabalho cotidiano, entrevistas com personalidades do mundo jurídico e, também, realizando amplo levantamento bibliográfico acerca do tema nos respectivos países. A partir da análise crítica na perspectiva histórica e das referências normativas atuais que regem o funcionamento desses dois sistemas estrangeiros de assistência jurídica aos necessitados, foi possível realizar um contraste com o modelo brasileiro, destacando-se as virtudes e os defeitos que, como é próprio de toda obra humana, se fazem presentes em cada um desses três sistemas analisados. Espera-se que um conhecimento mais profundo acerca do modelo nacional que foi estabelecido na Constituição Federal para a prestação desses serviços de assistência jurídica integral e gratuita venha a contribuir para que os atores institucionais envolvidos no sistema possam potencializar as virtudes e busquem neutralizar os defeitos existentes, de modo que se atinja plenamente a meta de garantir igualdade no acesso à Justiça e de ampla efetividade dos direitos fundamentais de todos os brasileiros, independentemente de sua condição social ou econômica.
The 1988 Constitution of the Brazilian Republic mandates that the States and the Federal Union provide full and free legal assistance to every citizen in need, through the Office of the Public Defender. The following study seeks to develop a better understanding of this Brazilian model of constitutionally mandated legal assistance, and determine whether it is really the best mean of assuring full access to justice for every person, regardless of their financial means. The study approaches this issue from an historical perspective, with reference to the constitutional and statutory legal system operating in Brazil, requiring full legal assistance to the poor (i.e. legal advice and right to counsel in civil and criminal cases), as well as the rules that govern the operations of the Public Defender`s Office. We will also review alternative models of free legal assistance offered in France and the United States. These systems were selected not only for their historical influence over Brazilian political and judicial institutions, but also because they reveal diverse characteristics in their judicial systems that broaden the horizon of our study. In two consecutive seasons of ethnographic research (participant and no participant observation and interviews), six months in the USA, and six months in France, we are able to closely observe the day-to-day functioning of these two models of legal assistance, with visits to offices, interviews with key figures in the judicial system, and an extensive bibliographical review of the literature on legal assistance in the respective countries. Through this critical historical and normative analysis of the operation of these two foreign systems of legal assistance to the poor, we believe it has been possible to throw into greater relief the virtues and defects of the Brazilian model. We hope that this study will produce a deeper understanding of the national model of free and comprehensive legal assistance established in the Brazilian Constitution, and encourage those responsible for administering the system to optimize its virtues and overcome its defects to better achieve its goals of equal access to justice and the guarantee of the fundamental rights of all Brazilians, regardless of theirs social or economic condition.
La Constitution de la République du Brésil, de 1988, établit que les États et l´Union Fédérale sont tenus de fournir l´assistance juridique intégrale et gratuite aux démunis par l´intermédiaire du Bureau de la Défense Publique. Le présent exposé a pour but permettre une meilleure compréhension de ce modèle brésilien d´aide juridique, tel que l´a établi la Constitution, avec l´intention de vérifier si c´est vraiment mieux conçu pour garantir le plein accès de tous à la Justice et, par conséquent, d´assurer l´effectivité des droits fondamentaux des personnes démunies de conditions économiques pour atteindre ces objectifs avec leurs propres moyens. Pour accomplir ce dessein on a développé premièrement une analyse critique sous la perspective historique ainsi que des principales réferences normatives de l´ordonnance juridique constitutionnelle et infraconstitutionnelle en vigueur au Brésil, qui régissent l´exercice du droit d´aide juridique intégrale, soit l´assistance qui est proposée aussi bien en matière judiciaire qu´extrajudiciaire, et une étude des normes qui définissent le fonctionnement de du Bureau de la Défense Publique. Une autre voie parcourue a troit à l´énquête plus à fond des modèles d´assistance juridique gratuite en vigueur en France et aux États-Unis. Ces societés ont été choisies, non seulement en raison de leur grande influence historique dans l´évolution des institutions juridico- politiques brésiliennes, mais aussi parce-qu´elles présentent des caractéristiques bien diversifiées dans leurs systèmes juridiques, ce qui a contribué à l´ouverture des horizons de l´étude réalisé. Pour mieux comprendre ces systèmes d´autres Pays, nous avons fait deux séjours consécutifs d´études à l´étranger, passant six mois aux États-Unis et six mois en France. En utilisant la métodologie de l´observation participative, nous avons eu l´occasion d´accompagner de près le fonctionnement réel de ces deux modéles d´assistance juridique, visitant des institutions et accompagnant leur travail quotidien, obtenant des entrevues avec des personalités du monde juridique et aussi, en organisant une importante bibliographie au sujet du thème dans les Pays respectifs. À partir de l´analyse critique de la perspective historique et des réferences normatives actuelles qui régissent le fonctionnement de ces deux systèmes étrangers d´assistance juridique aux démunis(ies) a été possible d´établir une comparaison avec le modèle brésilien, en soulignant les qualités et les points faibles qui, comme il est propre à toute oeuvre humaine, sont présents en chacun de ces trois systèmes analisés. On espère qu´une connaissance plus profonde, au sujet du modèle national juridique établi par la Constitution Féderale pour la prestation de ces services d´assistance juridique intégrale et gratuite, viendra contribuer pour que les acteurs institutionnels engagés puissent multiplier les qualités autant que neutraliser les points faibles existants, de façon a que l´on puisse atteindre pleinement le but d´assurer l´égalité à l´accès à la Justice et une grande effectivité des droits fondamentaux de tous les brésiliens, indépendamment de leur condition sociale ou économique.
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Derond, Charles. "Ethique et pauvreté dans les sociétés de tradition chrétienne." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAK004/document.
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La lutte contre la pauvreté est une difficulté grandissante en raison notamment de son caractère multidimensionnel, et du fait qu’elle intègre la prise en compte d’autres aspects tels que la lutte contre les inégalités. En suivant le cheminement de l’enseignement social de l’Église tel qu’il s’exprime dans les textes pontificaux, de Léon XIII à Jean-Paul II, nous nous posons la question de savoir en quoi cet enseignement social peut nous éclairer et nous stimuler aujourd’hui, compte tenu de ses qualités et de ses défauts, de ses apports et de ses limites. Mais la pauvreté est aussi un thème de la science économique : tout en s’appuyant essentiellement sur la théologie, cette thèse s’inspire donc aussi de ce domaine. Il n’est en effet pas question pour nous d’opposer science économique et enseignement social de l’Église, mais au contraire de faire entendre la voix de l’Église comme système de réflexion. Nous montrerons dans un premier temps, que, à la croisée de la philosophie, de l’économie et de la politique, l’éthique ouvre la voie à la conscience humaine, à la liberté et à la sérénité, mais qu’elle ne peut être dissociée de l’action, sans laquelle elle ne peut porter ses fruits. Puis il s’agit pour nous d’évaluer le niveau éthique des politiques économiques et sociales, notamment en Europe occidentale avant de détailler l’apport de l’enseignement social et de sa réflexion théologique dans la lutte contre la pauvretéThe fight against poverty is a growing problem in particular because of its multidimensional nature and the fact that it integrates the consideration other aspects such as the fight against inequality. By following the path of the social teaching of the Church as expressed in the pontifical texts, from Leo XIII to John Paul II, we ask ourselves the question of how this social teaching can inform us and stimulate us today, considering its qualities and defects, its contributions and limitations. But poverty is also a theme of economics: while relying primarily on theology, this thesis is inspired also in the field. There is indeed no question for us to oppose economics and social teaching of the Church, but rather to make the voice of the Church as reflection system. We will show in the first place, that, at the crossroads of philosophy, economics and politics, ethics opens the way to human consciousness, freedom and serenity, but it can not be separated from the action, without which it can not bear fruit. Then it is for us to assess the ethical level of economic and social policies, particularly in Western Europe before detailing the contribution of the social teaching and its theological reflection in the fight against poverty
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Tshoose, Clarence Itumeleng. "Social assistance : legal reforms to improve coverage and quality of life for the poor people in South Africa." Thesis, 2016. http://hdl.handle.net/10500/21939.
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The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these
rights.
The underlying normative commitment of social security is the improvement of the quality of life of the population by promoting economic or material equality. Social security ensures that all citizens have a stake in society and that each individual has an incentive to contribute to the development of the commonwealth. It plays a crucial role in the lives of communities and families viewed in the context of social transfers which
provide broader development objectives and tackles income poverty transfers.
The objectives of this study are threefold. Firstly, it examines the extension of social assistance coverage to the indigents in South Africa. Secondly, it looks at the legal mechanisms employed by courts and government in order to improve the social security rights of the poor in South Africa. Thirdly, the research investigates the possible reform
and trends in India and Brazil with the aim of improving South Africa’s system of social security.
For the avoidance of doubt, the law evaluated in this work is at 15 September 2015.Jurisprudence
LL. D.
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Hsuan-EnLin and 林萱恩. "The Right to Legal Assistance of Suspects during the Stage of Investigation－A Comparison of the Legislation in Europe and the Exclusion of Evidence as the Core." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/53xu39.
Full textAbstract:
碩士國立成功大學
法律學系
107
The right to legal assistance is a widely discussed issue in Taiwan. Judgments and academic articles are usually related to the right to legal assistance for suspects. As to legislation, the latest amendment about the right to legal assistance in the Criminal Procedure Code of Taiwan was in 2017, which was for the right to the access to the case-files of the accused and mandatory legal representation in detention hearings. Although legislators tried to strengthen the right to legal assistance for suspects again and again, there is still room for improvement. Moreover, judgments from the courts on the admissibility of evidence are often too formalized while the law enforcement agents violate the right to legal assistance. Meanwhile, legislation and judgments on the admissibility of evidence in Europe are worth learning. The condition of the limit on the suspects’ rights to legal assistance and the guarantee of the suspects’ rights during the limit time are ensured clearly in the Directive 2013/48/EU. In addition, judgements, which refer to the violations of the right to legal assistance by law enforcement agents, on the admissibility of evidence by the Federal Court of Justice in Germany are mostly related to the suspect’s status in criminal procedure and the goal of law. Hence, it means that the German judgments and the Directive 2013/48/EU are worth learning.
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Blomkamp, Casey Megan. "Social welfare in South Africa : a legal-philosophical analysis." Diss., 2018. http://hdl.handle.net/10500/25578.
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A large portion of the population of South Africa is made up of people who, due to poverty, disability, old age and/or lack of education, rely solely on social assistance provided by the government for their survival. The issue of the welfare state in terms of responding to these issues has been subject to increasingly heated debates especially with regard to long-term socio-economic improvements, moral obligations and economic sustainability.
This dissertation generally explores the status of social welfare in South Africa, and more specifically, South Africa’s socio-economic status as a welfare state against the backdrop of selected philosophical arguments used to justify and criticize existing social welfare laws in South Africa, whilst keeping South Africa’s unique history in mind. Although South Africa already has a detailed set of social welfare laws and policies, the social and economic needs of the country are ever evolving and therefore it is important that these laws and policies be constantly re-evaluated in order to ensure that they are effective in addressing and meeting the changing socio-economic and other demands.Jurisprudence
LL. M. (Jurisprudence)
Books on the topic "Legal assistance to the poor – Europe"
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Legal aid to the poor: The law and Indian legal system. New Delhi: Deep & Deep Publications, 1993.
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American Bar Association. Affiliate Outreach Project. and American Bar Association. Young Lawyers Division., eds. Homebound elderly legal assistance program. [Chicago, Ill: American Bar Association, Young Lawyers Division?, 1998.
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Legal Aid Council of Nigeria. How to obtain legal assistance from the Legal Aid Council (LAC). Abuja, Nigeria?]: Legal Aid Council, Republic of Nigeria, 2012.
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Idris, Iffat. Legal empowerment in Pakistan. Islamabad: UNDP Pakistan, 2008.
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Legal aid for the poor and the Legal Services Corporation. New York: Nova Science Publishers, 2010.
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Watts, Tim J. The decline of legal services to the poor. Monticello, Ill., USA: Vance Bibliographies, 1988.
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Corporation, Massachusetts Legal Assistance. Massachusetts legal services plan for action. [Boston]: The Corporation, 1987.
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National Council of Welfare (Canada). Legal aid and the poor: A report. Ottawa: The Council, 1995.
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Canada. Human Resources Development Canada. National Council of Welfare. Legal aid and the poor: A report. [Ottawa]: Human Resources Development Canada., 1995.
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Accès à l'énergie en Europe: Les précaires invisibles. Paris: Sciences Po Les presses, 2014.
Find full textBook chapters on the topic "Legal assistance to the poor – Europe"
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Matsuzawa, Shin. "An analysis of the seven mutual legal assistance (MLA) agreements concluded by Japan and the uniqueness of the EU–Japan MLA Agreement." In Europe and Japan Cooperation in the Fight against Cross-border Crime, 25–42. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003284710-2.
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Sorvatzioti, Demetra F. "Migrants and Effective Legal Representation in Criminal Cases via Legal Aid Systems." In Immigration and the Current Social, Political, and Economic Climate, 563–78. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-6918-3.ch031.
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The European countries are obliged to fulfill the provisions of the European Convention on human rights regarding the protection of the accused rights' and ensuring the principle of fair trial. Nowadays, because of the economic crisis more people are affected by poverty and many immigrants enter Europe. Poor and immigrants who break the law cannot afford to pay for the services of a lawyer and for the most of them the states provide legal aid assistance. This chapter indicates that in order to safeguard the accused rights' it is mandatory for the legal aid lawyer to defend the accused effectively, otherwise the protection is just formal and does not fulfill the substantive conventional obligation of the State for fair trial. It is proposed for the States to establish qualitative criteria for the legal aid lawyers. The voluntary character of the legal aid scheme imposes an imperative duty for the lawyers to ensure fair trial for the poor.
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"CHAPTER TWO. Philosophies of Legal Assistance and Access to the Courts." In The Poor in Court, 16–38. Princeton University Press, 1990. http://dx.doi.org/10.1515/9781400861460.16.
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Henrickson, Mark. "Liberalising the poor." In The Origins of Social Care and Social Work, 154–79. Policy Press, 2022. http://dx.doi.org/10.1332/policypress/9781447357346.003.0007.
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Social welfare reforms and the social imaginary of responses to the poor effectively came full circle during the 20th century. Calvinist-informed classical liberalism gave way to the welfare state in the UK and an increased role for government assistance in the US. During the reconstruction of the UK following the Second World War, the welfare state took over the functions of social assistance in much the same way as it had throughout Europe after the Great Plague of 1347–50; the Established (Anglican) Church formally acknowledged that reality in 1948 and ended the Constantinian contract. In the US, psychiatric social work came to dominate. The New Deal increased the role of the state in caring for the aged, the infirm, and employed the unemployed. Neoliberalism resulted in a civic retheologising of social assistance throughout most Western liberal economies, including Latin American nations. Order was maintained by enforcing conformity to dominant social values up to and including incarceration. As poor relief was taken up by secular authorities after the Great Plague of the mid-14th century, so the responsibility for establishing and maintaining social control was taken up by states who used the power of poor relief to enforce approved morals and behaviour.
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Trummer, Ursula. "Health care for the absolute poor." In Absolute Poverty in Europe, 121–36. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781447341284.003.0006.
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Undocumented Migrants, an estimated 1% of the total population living in the EU, are widely excluded from welfare schemes and social policy considerations. They live under the radar of household statistics and epidemiology. Their health is at high risk and access to health care in most EU member states is restricted to emergency care. This restriction is discussed as being in conflict with the fundamental human right to health which has been ratified by all EU member states. Conflicting regulations on supranational and national level create a paradox situation for service providers. They have to manage this paradox. Evidence indicates that service providers develop an “art of interpretation” to interpret existing regulations in favour of their humanitarian goal to help people who are in need, no matter what the legal status may be.
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Gundt, Miriam. "Costs eligible for legal aid." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0533.
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Under German law, legal aid can be granted only up to the amount recoverable according to the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz—RVG) or the German Patent Attorneys’ Act (Patentanwaltsordnung—PAO). For the Rules of Procedure, the question that arises is whether legal aid can be granted without limit for the attorneys’ fees actually incurred or only up to the amount recoverable according to Rule 152.2. A rule equivalent to the RVG is absent. The Court decides on the amount of legal aid granted, pursuant to Rule 379, by way of discretionary decision which grants the applicant the assistance that he needs. Whether or not the costs are recoverable is therefore irrelevant.
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Ramsey, Matthew. "Poor Relief and Medical Assistance in 18th and 19th Century Paris." In Health Care and Poor Relief in 18th and 19th Century Northern Europe, 279–308. Routledge, 2017. http://dx.doi.org/10.4324/9781315253558-14.
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Burstow, Paul. "The Care Act 2014." In Social Determinantsof Health. Policy Press, 2017. http://dx.doi.org/10.1332/policypress/9781447336846.003.0022.
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This chapter examines the significance of Care Act 2014, a piece of legislation that modernises more than six decades of care and support law into a single, clear statute, which takes into account people's needs and what they want to achieve in their lives. Before discussing the main features of the Care Act, the chapter considers the Poor Law and how the Care Act breaks with the Poor Law principle of less eligibility, which persisted in National Assistance Act 1948. The National Assistance Act was the legal framework governing adult social care in England and Wales and replaced the Poor Law. The chapter also describes community-based approaches to social care, how well-being became the new organising principle for the Care Act, and the negative health and wealth impacts of caring. It concludes by analysing the debates about integrating health and social care in the UK.
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Tanzi, Vito. "Public Finance in Developing Countries." In Handbook of Research on Public Finance in Europe and the MENA Region, 1–10. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-5225-0053-7.ch001.
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After World War Two, when many countries became independent and the Bretton Woods institutions were created, economists and policymakers had statistical evidence of the enormous differences that existed, in the per capita incomes and in the standards of living, between rich and poor countries. Therefore, they became aware of the need for raising per capita incomes in the poor countries. Modern governments need revenue and often a lot more revenue than they needed in the past, in order to provide the levels of assistance and public services that modern societies expect governments to provide. It may seem to be desirable for governments to have more revenue to spend and leave the decisions, on how the extra revenue will be used, to a later time. However, this is not always the case.
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Medrano, JuanDíez, Irina Ciornei, and Fulya Apaydin. "Explaining supranational solidarity." In Everyday Europe, 137–70. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781447334200.003.0006.
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Social solidarity is a concept with a long history in political thought, entailing networks of relationships that presuppose dependency, reciprocity and responsibility among the members of a group or a political community. Yet solidarity is not charity or a gift, but an institutionalised system of rules and conventions that apply to risk and misfortune. Since solidarity has been historically institutionalised in the context of national states, transnational solidarity has largely remained a utopian project as well as an insufficiently developed principle in the EU legal system. In this chapter we explore individual support for European solidarity as it becomes manifest in distinct ‘solidarities’ across borders such as mutual help in case of natural disaster, financial assistance in the context of economic crisis or solidarity as a governing principle of European integration. Drawing on classical sociological arguments and transactionalist theory, we analyse the extent to which social interactions among Europeans and transnational practices contribute to the formation of solidarity ties in the EU. We show that individual transnational practices, such as tourism, residency in another EU country, transnational friendships or virtual connections with other European societies have a selective role in enabling European solidarities. Rather than a question of cumulative transnational experiences, European solidarity is built on meaningful social connections such as close and diverse transnational friendships.
Conference papers on the topic "Legal assistance to the poor – Europe"
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Weerakoon, H. D., and H. Chandanie. "ANALYSIS OF FEASIBILITY OF BLOCKCHAIN TECHNOLOGY FOR INTERNATIONAL TRADE RELATED TO SRI LANKAN CONSTRUCTION INDUSTRY." In The 9th World Construction Symposium 2021. The Ceylon Institute of Builders - Sri Lanka, 2021. http://dx.doi.org/10.31705/wcs.2021.7.
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Sri Lankan (SL) construction industry has been trading with overseas suppliers to fulfil the need for material and technology. This process faces many issues due to the poor digitalisation of the industry. The financial flow of international trade is dominated by financial institutions (i.e., banks) and the industry faces many issues e.g., delays, additional charges, complexity, lack of information sharing, and requiring legal assistance. Blockchain Technology (BCT) has emerged as a revolutionary digital technology in the past decade. Key features of BCT i.e., immutability, decentralisation, distributed ledgers, enhanced security, consensus, and speed have been identified to provide solutions for issues in the various industries including the supply chain. Hence this paper aims to investigate the feasibility of using BCT to solve existing issues in financial flow with special reference to the barriers to adopt it in the international trade of the Sri Lankan construction industry. As the data collection method, an expert opinion forum was carried out by involving both international trade experts and blockchain specialists in the Sri Lankan construction industry. Key findings present that BCT can solve issues such as transparency issues and poor information sharing between parties, excessive documentation and complexities, payment delays, and financial costs in the international trade of the SL construction industry. Further, findings revealed that the government’s approval, legal requirements, lack of knowledge and technology, and reluctance to change the industry can act as barriers to adopt BCT in Sri Lanka.
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Komanovics, Adrienne. "HUNGARY AND THE LUXEMBOURG COURT: THE CJEU’S ROLE IN THE RULE OF LAW BATTLEFIELD." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22413.
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After the introduction of the then Article F.1 TEU by the Amsterdam Treaty, later supplemented by the Nice Treaty, Hungary has earned the dubious reputation to be the first Member State against which an Article 7 TEU procedure has been triggered. While the predominantly political process is apparently stalled for the time being, the Court had to deal with various aspects of the deteriorating rule of law situation. Although forming part of an undeniably fragmented approach, the Court’s judgments nevertheless clearly attest the retrogressive developments in Hungary since 2010. The analysis of the Court’s jurisprudence is based on the qualitative measurement of the rule of law indicators drawn up by the Venice Commission of the Council of Europe. The identification of the cases pertinent to our investigation presents a challenge by itself as there is no label attached to a case dossier titled “rule of law”. In addition, several relevant cases deal with issues which prima facie do not have a bearing on this topic. Thus, e.g. the case relating to the radical lowering of the retirement age for Hungarian judges apparently revolves around age discrimination in the workplace while in fact these measures were politically motivated and had an adverse effect on judicial independence. The subject-matter of the cases identified so far range from the independence of the judiciary and regulatory bodies to the functioning of NGOs and higher education institutions; from the criminalisation of assistance for asylum seekers to the judicial challenge of the conditionality regulation. Most cases are infringement proceedings initiated by the European Commission but the Court was also turned upon through preliminary reference or actions for annulment. By analysing the submissions of the parties, the opinions of the Advocate General as well as the Court’s assessment thereof, the paper aims to evaluate the role of the Court: its potential and the limitations. While not denying the Court’s contribution to the provision of consistent responses against the systemic threats against EU values, there are various institutional and procedural constraints hampering the Court’s ability to secure compliance in the subject area.
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Bruževica, Rūta. "Socializēšanās prakses viduslaiku pilsētā: amatu korporāciju piemērs." In LU Studentu zinātniskā konference "Mundus et". LU Akadēmiskais apgāds, 2021. http://dx.doi.org/10.22364/lu.szk.2.rk.04.
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One of the most important aspects of medieval human life was being in a community. On the one hand, medieval city itself was such a community, whereas on the other hand, there still remained social, economic and occupational differences between its inhabitants, which in daily life dissociated people. In addition to the community in the city, the church and the family, another type of community developed in medieval cities – professional or artisan associations, fraternities or guilds. For a very long time, the studies dedicated to these organizations focused mainly on their economic, legal and organizational aspects, and hence guilds are mainly associated with their economic activities. However, the religious and social life they yielded was no less important and provided people’s daily lives with activities that complemented their spiritual and social life. The aim of the study is to review and analyse the social practices found in the source material, whereby such aspects of socialization as the formation of beneficial social contacts, maintenance of relationships, as well as mutual assistance were practiced in medieval artisan associations. Examples and their similarities in various artisan associations in Europe, including Riga, which are reported in medieval written sources, especially the statutes of these associations, will be discussed. The obtained information collected in the study confirms that associations extended beyond economic goals, as their practices promoted social contacts between members, strengthened friendships, fostered respect and responsibility for each other.
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Mazur-Kumrić, Nives, and Ivan Zeko-Pivač. "TRIGGERING EMERGENCY PROCEDURES: A CRITICAL OVERVIEW OF THE EU’S AND UN'S RESPONSE TO THE COVID-19 PANDEMIC AND BEYOND." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18300.
Full textAbstract:
The large-scale COVID-19 pandemic is a severe public health emergency which poses distressing social and economic challenges to the international community as a whole. In order to provide immediate and effective support to affected welfare and healthcare systems as well as to build their lasting, inclusive and sustainable recovery, both the European Union and the United Nations have introduced a number of urgent measures aiming to help and protect citizens and economies. This paper looks into the specificities of urgent procedures launched and carried out by the two most influential international organisations with a view to rapidly respond to the unprecedented COVID-19 crisis. More specifically, it focuses on the involved institutions and steps of urgent procedures as well as on their most remarkable outcomes. In the case of the European Union, the emphasis is put primarily on two Coronavirus Response Investment Initiatives (CRIIs), adopted during the Croatian Presidency of the Council in one of the fastest legal procedures in the history of the European Union, and the Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU) as an extension of the CRIIs’ crisis repair measures. The overarching United Nations’ response is assessed through an analysis of its urgent policy agenda developed on the premise that the COVID-19 pandemic is not only a health and socio-economic emergency but also a global humanitarian, security and human rights crisis. This particularly includes procedures foreseen by the Global Humanitarian Response Plan (GHRP) and the Strategic Preparedness and Response Plan (SPRP). In addition, the aim of the paper is to provide a critical overview of the subject by highlighting three pivotal elements. First, the paper sheds light on the financial aspects of the urgent fight against the COVID-19 pandemic, necessary for turning words into action. Notably, this refers to funds secured by the Multiannual Financial Frameworks 2014-2020 and 2021-2027, and the Next Generation EU recovery instrument, on the one hand, and the UN COVID-19 Response and Recovery Fund, the UN Central Emergency Response Fund and the Solidarity Response Fund, on the other hand. Second, it offers a comparative evaluation of the end results of the European and global emergency procedures in mitigating the impacts of the COVID-19 pandemic. Finally, it summarises the underlying elements of measures governing the aftermath of the ongoing crisis, i.e. those promoting a human-centred, green, sustainable, inclusive and digital approach to future life.