The right to legal assistance and representation - General aspects

• Author: Roxana Matefi
• Position: Law Faculty, Law Departament, 'Transilvania' University, Brasov, Romania
• Pages: 113-117

AGORA International Journal of Juridical Sciences, ww w.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 113-117

113

THE RIGHT TO LEGAL ASSISTANCE AND REPRESENTATION –

GENERAL ASPECTS

R. Matefi

Roxana Matefi

Law Faculty, Law Departament

“Transilvania” University, Braov, Romania

*Correspondence: Roxana Matefi, Transilvania University of Brasov, 25, Eroilor street,

Brasov, Romania

E-mail: roxana.matefi@gmail.com

Abstract:

The current paper wishes to generally analyze the right to legal assistance and

representation, a component of the right to be defended and of the right to an equitable trial,

which is regulated in internal law as well as in international law, such as the European

Convention of Human Rights or the African Charter on Human and Peoples’ Rights.

Keywords: legal assistance, legal representation, right to be defended, result

obligations, diligence obligations.

Introduction

The right to legal assistance and representation in front of the courts, prosecution,

authorities with jurisdictional activity, public notaries and judicial executors, organs of the

public administration, institutions and other entities represents an important guarantee for

protecting the individuals’ rights and legitimate interests. This is the reason why this essential

right is largely regulated within the international, European as well as national legislation.

National and international regulation of the right to legal assistance and representation

Legal assistance is obviously an important component of the right to be defended, a

fundamental right protected by the Romanian Constitution, which expressly regulates that “the

right to be defended is guaranteed”

1

, at the same time showing that “throughout the entire trial,

the parties have the right to be assisted by a lawyer, appointed by the Bar or chosen by the

party”

2

.

An essential component of the right to an equitable trail, a right expressly guaranteed

by the European Convention on Human Rights means that “any defendant has the right to

defend himself or be assisted by a chosen lawyer or, if he doesn’t have the necessary means to

pay a lawyer, he can be assisted by a lawyer appointed by the Bar for free, when it is in the

best interest of justice to do so”

3

.

A similar provision is found in the African Charter on Human and People’s Rights,

which states that “every person has the right to be defended, including the right to be defended

by a lawyer of his own choice”

4

.

Article 13 of the New Code of Civil Procedure is imperative that the right to defense is

guaranteed, showing further that the parties have the right, throughout the trial, to be

represented or, where appropriate, assisted according to the law. However, “parties are

provided the opportunity to participate in all phases of the trial. They can ascertain the

1

Article 24, alignment (1) of the Romanian Constitution.

2

Article 24, alignment (2) of the Romanian Constitution.

3

Article 6, point 3, letter c of the European Convention on Hum an Rights.

4

Article 7, point 1, letter c of the African Charter on Human and Peoples’ Rights.