State Guaranteed Legal Aid in the Context of the Right to Fair Trial

Abstract

Legal aid is an integral element of the right to a fair trial. The right to a legal assistance obliges the state not only to provide a lawyer, but also to ensure that such assistance is effective. However, for some reasons, states do not always fulfil these obligations effectively. This paper focuses on the problems that may reduce the effectiveness of legal aid and fair trial in general. Thus, the study aims to research such issues as problems in the remuneration of lawyers, the appointment of inexperienced lawyers in complex cases, and court interference in the client-lawyer relationship. Also, this paper identifies a number of reasons that contribute to the above problems. As a result of this analysis, the paper proposes concrete steps to reduce the risks of these problems, which may increase the quality of legal aid. Thus, the proposed solutions may have a positive impact on the realisation of the right to a fair trial by the state.