Accessing efficient and independent justice – legal and sociological analysis

Objectives - Why this project and for whom?

FRA research shows that fundamental rights in various areas of life are regularly being violated. Access to justice is a core fundamental right of the Charter of Fundamental Rights which also has a bearing on many other fundamental rights. The possibilities for accessing justice for violations include both judicial and non-judicial mechanisms. The Accessing efficient and independent justice project's objectives are twofold, namely to:

  • identify obstacles in accessing both judicial and non-judicial bodies, such as equality bodies;
  • map good practices that facilitate access to justice.

To gain a comprehensive picture of the current situation, including barriers and how to overcome these, the project comprises a legal and sociological analysis. The project findings will provide EU Member States, European institutions, judicial practitioners and civil society actors with a framework on how to improve and facilitate access to justice.

Details - What does the project involve?

Within the framework of the project there are two separate studies that complement each other; namely:

  • a legal analysis - This part of the project is complete. It set out to provide an introductory overview of key issues in the field of access to justice in relation to non-criminal cases - covering the EU. The assessment was based on a set of indicators, legislative analyses, case law and other data. A report, Access to Justice in Europe: an overview of challenges and opportunities, was launched in March 2011, which also elaborates on existing mechanisms for access to justice at the level of the EU, the Council of Europe, and the UN. The project also offers national studies, the findings of which are organised under thematic headings.

  • a sociological analysis - This part of the project is still on-going. Using in-depth qualitative interviews with complainants, intermediaries (such as NGOs and lawyers), and Equality Body staff - the project focuses on Equality Bodies, or similar entities, in eight Member States to examine access to justice across various discrimination grounds. The results will highlight the experience of access to justice in practice, and will serve to draw out common and contrasting themes between the Member States studied.

Through stakeholder engagement in the course of research activities, the FRA has worked with networks of various actors specialised in fundamental rights and access to justice; such as lawyers and judges associations, equality bodies, national human rights institutions, legal aid support organisations, citizens' advice organisations and judicial practitioners.

The networks the Agency has worked with to date in the development of the project will support the FRA in identifying key research issues and designing ways to follow-up on the research findings. Moreover, the FRA will share its findings and information with the various network partners seeking to improve access to justice in the European Union.

Legal analysis

The legal analysis has provided an understanding of the degree to which access to justice is available, or not available, for individuals seeking to claim rights derived from European Union law through national courts, and as complemented by non-judicial mechanisms.

To assess access to justice at country level, the following specific questions were asked as part of the legal analysis:

  • Is there a general right of access to a judicial body to resolve legal disputes relating to breach of a right derived from European Union law?
  • To which extent is the aggrieved individual able to meaningfully participate in legal proceedings?
  • Is legal representation available to individuals who have insufficient funds or, alternatively, is legal aid available? If such aid is available, which criteria -financial or other - must be met in order to qualify?
  • Can the judicial body in question be considered impartial?
  • Looking at the entire procedure, are these concluded within a reasonable timeframe?
  • Is compensation available to a vindicated party? Are any other forms of ‘satisfaction' available?
  • Which rules exist relating to the payment of legal costs?
  • Are any interim or emergency measures available?
  • Is there any evidence to suggest that final judgments remain unexecuted?
  • Is there a right of appeal? If so, on which basis may an appeal be made, which are the powers of the appellate body, and through how many instances may appeals be heard?


Sociological analysis

Equality Bodies or similar entities constitute the framework for the sociological analysis, covering eight selected EU Member States. The analysis includes:

  • In-depth qualitative interviews with complainants, lawyers and representatives of non-governmental organisations (NGOs), equality bodies or similar entities;
  • Literature reviews of studies on access to justice in discrimination cases for a wider selection of EU Member States. Therefore - while the research's primary data collection is focused on eight Member States, the findings from the analysis of existing research in other Member States will provide more general findings about access to justice in a wider context.

Innovation - What's 'new' about the project?

Legal analysis

  • Through its comparative research covering all 27 EU Member States, the FRA's report on Access to Justice in Europe presents a comprehensive overview of access to justice across the EU.

Sociological analysis

  • To date, no research has been systematically carried out analysing access to justice through Equality Bodies in EU Member States. The FRA's qualitative research - interviewing complainants, representatives of equality bodies, as well as intermediaries - will add new evidence concerning the experience of access to justice in practice.

Outputs - What will the project deliver?

Legal analysis

A comparative report:

  • outlining national obstacles and good practices;
  • comprising international and comparative elements;
  • based on evidence across the 27 EU Member States.

Shorter publications on specific issues:

  • Factsheets

Sociological analysis

A comparative report:

  • presenting results of fieldwork research;
  • based on in-depth findings from eight selected EU Member States;
  • including conclusions on access to justice in EU Member States in general.

Shorter publications on specific issues:

  • Factsheets
  • country snapshots for the eight selected Member States.

Related Information

 

A core fundamental right

Access to justice is a specific right included in the Charter of Fundamental Rights of the European Union.

In article 47, the Charter states: "Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal". In addition, the right to access to justice is a key element to achieve all of the other rights comprised in the Charter. In this respect, access to justice is a core element of the rule of law.

Project Manager: 
Jonas Grimheden
Jonas Grimheden

Jonas Grimheden (PhD)

Job Title: 
Head of Sector Access to justice
Department: 
Freedoms and Justice
Email: 
access2justice@fra.europa.eu
Communications Project Member: 

Pia Tirronen (MA)

Job Title: 
National Human Rights Institutions and Equality Bodies Focal Point
Department: 
Communication
Email: 
NHRBteam@fra.europa.eu