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Background

Section 28(5) & Council Directive 2003/8/EC

The European Union has enacted legislation to facilitate citizens in member States of the Union making applications for civil legal aid and advice in other jurisdictions.  In this section of the Circular a reference to “member State” excludes Denmark.

There are two major aspects of this to note. The first is that citizens of Ireland, who wish to take applications in other member States, may apply to us on the prescribed application form, and Legal Services will transmit the application to the legal aid authority in the jurisdiction concerned, who will take the decision on whether legal assistance in that jurisdiction will be granted. The other aspect, and the one we will primarily deal with here, allows applicants in other member States to apply for legal aid in Ireland through the legal aid authority in their home country. The legal aid authority will transmit the application to us.