Legal Aid in the Low Countries

Legal Aid in the Low Countries deals with the system of legal aid in Belgium and the Netherlands. Central questions in the book are whether the conditions for a sound legal aid system are met, especially in the fields of law that mainly concern the ‘have nots’; the main ethical considerations that legal aid providers have to take into account; and the alternatives for legal aid and complementary solutions to enhance access to justice.
Auteur(s):
Bernard Hubeau, Ashley Terlouw
Reeks:
Ius Commune Europaeum
Volume:
130
boek | verschenen | 1e editie
oktober 2014 | xviii + 375 blz.

Paperback
€ 79,-


ISBN 9781780682563


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Inhoud

Access to justice is a fundamental democratic right for all citizens. In order to exercise this right people need lawyers or other legal professionals to translate their everyday problems and conflicts to the distant legal world and to translate legal language into the ordinary language of the average (potential) litigant. In both countries the legal aid system is under pressure partly due to the economic crisis, partly because of the increasing demand for and use of legal aid. We live in times of austerity and the legal aid system is considered to be too expensive. In both Belgium and the Netherlands we see cutbacks and proposals to reform the legal aid system.

Legal Aid in the Low Countries deals with the system of legal aid in Belgium and the Netherlands. Central questions in the book are whether the conditions for a sound legal aid system are met, especially in the fields of law that mainly concern the ‘have nots’; the main ethical considerations that legal aid providers have to take into account; and the alternatives for legal aid and complementary solutions to enhance access to justice.

The approaches to legal aid are very varied: the socio-legal approach, the policy approach, the critical approach, the legal approach, etc. Legal Aid in the Low Countries is unique in how it brings these disciplines together. It broadens the debate on legal aid and sheds light on these questions from the perspectives of all these disciplines.

The book is written for everyone who is professionally or scientifically interested in legal aid.

Hoofdstukken

Table of Contents (p. 0)

INTRODUCTION

Chapter 1. Legal Aid and Access to Justice: How to Look at and Evaluate Legal Aid Systems? (p. 1)

PART 1. DEVELOPMENTS IN RESEARCH ON LEGAL AID

Chapter 2. Dutch and Belgian Research into Disputes and Legal Services (p. 17)

PART 2. ACCESS TO JUSTICE AND LEGAL AID: CURRENT QUESTIONS AND PROBLEMS

Chapter 3. Legal Aid in Belgium and the Netherlands: Convergences and Diff erences between Two Institutional Systems (p. 33)

Chapter 4. Threats to Legal Aid and Legal Assistance in the Netherlands and in Belgium (p. 53)

Chapter 5. Every Little Helps? (p. 73)

Chapter 6. Galanter Revisited: Do the ‘Haves’ (Still) Come out Ahead? (p. 85)

PART 3. LEGAL AID IN SPECIFIC LEGAL MATTERS

Chapter 7. Providing Legal Aid in Asylum Procedures in the Netherlands: A Challenging Business? (p. 103)

Chapter 8. Access to Legal Services for Small and Medium-Sized Businesses (p. 123)

Chapter 9. Legal Aid and Housing Issues (p. 141)

Chapter 10. Legal Aid Provisions for Children and Juveniles: Formal and Quality Items (p. 161)

Chapter 11. Equal Access to Justice through the Right to Interpretation and Translation and Legal Aid (p. 181)

Chapter 12. The Right to Legal Aid According to the European Court of Human Rights: A Study of the Rights of Undocumented Persons (p. 209)

Chapter 13. Differential Treatment: Do Lawyers Make the Difference? (p. 231)

PART 4. ETHICAL QUESTIONS

Chapter 14. Modernising the Napoleonic Structure of Bar Regulation (p. 253)

Chapter 15. Independence of the Lawyer in the Netherlands and Belgium and Conflict of Interest (p. 269)

Chapter 16. Legal Aid and Pro Bono Work: Part of the Essence of Lawyering? (p. 283)

PART 5. ALTERNATIVES

Chapter 17. Socio-Legal Services: The Link between Legal Aid and Social Work in a Democratic Market (p. 291)

Chapter 18. E-Justice in the Low Countries (p. 307)

CONCLUSION

Chapter 19. Stepping Stones towards a Sound Legal Aid System in the Future: Concluding Remarks (p. 329)

Bibliography (p. 343)

Over de reeks

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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