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Legal counselling and assistance

Background information

According to the Reception Conditions Directive no 2013/33/EU, in order to ensure compliance with the procedural guarantees, applicants for international protection should have access to information about organisations or groups offering legal assistance (preamble, 21 RCD (recast)).

Member States must inform applicants of their reception-conditions-related rights and obligations within a reasonable time, not exceeding 15 days after lodging their application for international protection. Additionally, they must ensure that applicants receive written information in a language they understand or are reasonably supposed to understand, with oral assistance provided where appropriate. This information should include details about organisations offering legal assistance and those providing information on reception conditions, including access to services (Article 5, RCD (recast)).

Free legal counselling and assistance can be provided by Member States based on financial need or through designated legal advisors as per national law.

For more information on the obligation of Member States to ensure the provision of legal information to applicants, you can check the LSA section on Asylum Procedure – Making – Information Requirements.  See also the section on Provision of information and counselling of the EASO Guidance on Reception Conditions – Operational standards and indicators, 2016.

Information provision messages

Inform applicants about:

  • the legal framework (e.g. asylum, protection for victims of trafficking in human beings/gender-based violence/torture, discrimination, etc.) in the respective Member State;
  • the rights and obligations of applicants for international protection and procedural requirements (e.g. opening bank accounts, access to the labour market, recognition of foreign documents/diplomas etc.);
  • the right and obligations of applicants in regards the reception system;
  • the available support and guidance on accessing rights;
  • other stakeholders (NGOs, international organisations) who provide additional legal counselling and assistance;
  • how to access specialised legal and social services for LGBTQI+ persons, survivors of trafficking in human beings and gender-based violence, among others.

Additionally, inform unaccompanied children on relevant topics such as: representation / guardianship / family reunification etc. 

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Practical tips

  • Regularly update information provision materials to ensure alignment with evolving legal frameworks. Make sure the publication date is clearly indicated on the material (e.g. on the back cover), so there is no confusion which version of a leaflet/brochure is the most recent one.
  • Provide legal information in a simplified manner, adapted to the needs, level of understanding and capabilities of the applicant. Explain legal terms that should be known and used as such and focus the content on the interests and needs of applicants. 
  • Use a combination of channels, which would guarantee reaching a larger audience. Examples of such channels include face-to-face individual and group sessions, written information (leaflets, online), posters and audio-video information, which should be available to applicants at all times.