Third-country nationals seeking asylum in the EU often lack knowledge of the local language, culture and legal system, making accessible legal advice and representation vital for ensuring their right to asylum and access to justice. While the 1951 Refugee Convention does not define asylum procedures, these preliminary stages determine whether protection is granted. The pact on migration and asylum, in force from June 2026, addresses this through two key regulations – the common procedure regulation and the asylum and migration management regulation – that aim to standardise procedures and strengthen fair access to legal aid across Member States. The common procedure regulation outlines rights to legal counselling, assistance and representation. Applicants may choose their own lawyer or request free counselling during the administrative stage, and free assistance and representation during appeals. Legal advisors must have unrestricted access to applicants and case files, even during detention. The asylum and migration management regulation defines how responsibility for asylum applications is allocated among Member States, guaranteeing free legal counselling during this determination process and legal assistance and representation when appealing transfer decisions. European case law confirms that legal aid is fundamental to effective judicial protection. The Court of Justice of the European Union and the European Court of Human Rights emphasise that access to legal aid must be practical and effective under Article 47 of the EU Charter of Fundamental Rights and Article 13 of the European Convention on Human Rights, respectively. Experts point to several legal aid challenges for asylum seekers. Legal aid systems vary widely between Member States, producing unequal access and outcomes across the EU. Impartiality concerns persist, particularly with regard to state-employed counsellors. Border and fast-track procedures constrain lawyers' time and access to clients, undermining effective defence. Experts caution that complex procedures and uneven national capacities may perpetuate gaps in protection. Thus, while the new regulations under the pact enhance EU‑wide standards, their success depends on Member States' Source : © European Union, 2026 - EP Read more