91997E1922

WRITTEN QUESTION E-1922/97 by Mark Watts (PSE) to the Commission (4 June 1997)

Subject: Delays in the granting of legal aid in Spain

Is the Commission aware of delays affecting British nationals seeking legal aid in Spain in order to allow an inquest to be carried out? These delays are obviously causing a great deal of distress to the family involved.

What action is the Commission taking to ensure that such delays are eliminated and that nationals from all EU countries are treated equally and as quickly as possible?

Answer given by Mr Monti on behalf of the Commission (9 September 1997)

The Commission would refer the Honourable Member to the replies it gave to written questions E-2388/96 ((OJ C 60, 26.2.1997. )) and E-2866/96 ((OJ C 72, 7.3.1997. )), where it stated it has no direct competence under the EC Treaty to intervene regarding national rules on awarding legal aid in the Member States, unless there are issues of discrimination on grounds of nationality or other infringements of Community law or obstacles to its enforcement. Seen as matters pertaining to judicial cooperation between Member States, general legal aid matters are, however, included in the list of initiatives attached to the Commission's work programme for 1997 in relation to Title VI of the Treaty on European union, and the Commission is therefore already looking into the matter.

The delays inherent in the procedure of granting legal aid may vary from one Member State to another. According to the Court of justice, disparities in treatment which may result from divergences between the laws of the various Member States, are not to be regarded as discrimination on grounds of nationality in the meaning of Article 6 of the EC Treaty, so long as they affect all persons subject to them in accordance with objective criteria and without regard to their nationality ((Judgment of 28 June 1978 in Case 1/78, Kenny. )).

However, in situations falling within the field of application of the EC Treaty, national provisions or practices of Member States' administrations resulting, for example, in more cumbersome procedures or longer delays being applied to nationals from other Member States solely on grounds of nationality would constitute a discrimination prohibited by the Treaty.

The Commission is not aware of any specific problem encountered by British nationals trying to obtain legal aid in Spain. According to the Spanish legislation concerning legal aid (statute n:o 1/96 of 10 January 1996 and decree RD 2103/96 of 20 September 1996) nationals from other Member States are placed on an equal footing with Spanish nationals. The Commission is also not aware that delays encountered by British nationals for obtaining legal aid in Spain would be longer than those for Spanish nationals.