Free legal assistance and representation must be provided by legal advisers or other suitably qualified persons. These qualified persons must be admitted or permitted under national law and it must be ensured that their interests do not conflict or could not potentially conflict with the applicant’s interests.
Member States must ensure that certain decisions that affect applicants individually are subject to an appeal. This concerns decisions to grant, withdraw or reduce benefits, decisions refusing permission to temporarily leave the geographical area and decisions obliging an applicant to reside in a specific place. These decisions may be subject to an appeal within the procedures laid down in national law.
Member States may decide not to grant free legal assistance and representation in the following cases:
- the applicant has sufficient resources; or
- the appeal is considered to have no tangible prospect of success.
The decision not to grant free legal assistance and representation is subject to judicial review.
Member States may also provide that such assistance and representation be granted only:
- by legal advisers or other counsellors specifically designated under national law to assist and represent applicants or
- by non-governmental organisations accredited under national law to provide free legal assistance and representation.
Additionally, Member States may request total or partial reimbursement of any costs incurred in the following cases:
- the applicant’s financial situation has improved considerably during the procedure for international protection or
- the decision to provide free legal assistance and representation was based on false information provided by the applicant (Article 29 RCD (2024).
Legal advisers or counsellors, persons representing UNHCR and relevant non-governmental organisations recognised by the Member State concerned must be granted access to the reception facility where the applicant is accommodated (Article 20(2)(c) RCD (2024)). Access is granted in order to assist the applicants. Access limitations may be imposed only on grounds relating to the security of the premises and of the applicants.
The EUAA Operational Standards and Indicators on Reception including Vulnerability-related Aspects, 2026, underline that applicants have adequate access to legal advisers or counsellors, including other international, intergovernmental, or relevant NGOs recognised by the Member State concerned, in order to assist the applicants (Standard 100, p. 135). For more information about counselling see Section 5.1. Provision of information and counselling (p. 129-135).
The right to free legal counselling during the administrative procedure and during the responsibility determination procedure is regulated in the Asylum Procedures Regulation and the Asylum and Migration Management Regulation. However, this section refers to legal assistance and representation under the Reception Conditions Directive.
For information on free legal counselling to applicants on matters related to their application, consult Section Free legal counselling. [forthcoming section on the ‘Asylum Procedure’ Thematic Area on the portal].
Information provision messages
Inform applicants about the following.
- The available legal counselling, assistance and representation, their scope and how to access these.
- When and how to request free legal assistance and representation to appeal the decision of the authorities to limit their reception rights.
- The reasons the authorities may refuse free legal assistance and representation, such as:
- the appeal has no tangible prospect of success or
- the applicant has sufficient financial means to cover the costs.
- The reasons the authorities may require applicants to reimburse, in full or in part, the costs of free legal assistance and representation in situations such as:
- the applicant’s financial situation has improved significantly during the asylum procedure or
- the assistance was initially granted based on false information provided by the applicant.
- The possibility to consult a legal adviser or lawyer at their own expense.
- How and where to access the list of specialised legal advisers and lawyers (e.g. information materials, institutional website).
- The location and work schedule of legal advisers or lawyers, including means of transportation (if the appointment takes place outside the reception centre).
- Other stakeholders, such as non-governmental or international organisations that may provide additional legal counselling and assistance.
- Other specialised legal assistance for LGBTIQ persons, survivors of trafficking in human beings and gender-based violence, among others.
Practical tips
- Develop information materials on legal counselling and assistance, outlining available services and the contact details of legal advisers or lawyers.
- Explain the scope of legal assistance by providing clear guidance and clarifying the situations in which legal counsellors can assist (e.g. explaining applicants’ rights and duties, helping to prepare or submit appeals). The information materials developed for applicants should also clearly outline the roles, responsibilities, and limitations of legal counsellors.
- 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 on the interests and needs of applicants.
- Use a combination of channels to reach a larger audience. Examples 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.