Concrete interventions and steps to ensure access to free legal aid in criminal proceedings for the individuals and communities in need, were shared with Supreme Court judges and counsellors in Skopje. The discussion focused on the European standards and comparative practices with a particular focus on the implementation of Article 75 of the Criminal Proceedings Code.
The meeting, supported by the EU and the Council of Europe, held at the Supreme Court of the Republic of North Macedonia, was opened by Afrim Fidani, President of the Supreme Court and Oleg Soldatov, Head of the Council of Europe Programme Office in Skopje.
The Head of the Council of Europe Programme Office in Skopje, Oleg Soldatov, emphasised the importance of making the right to legal aid practical and effective and highlighted the role of the Supreme Court in promoting consistent and clear application of Article 75.
The exchange brought together 20 judges and counsellors of the Supreme Court who discussed practical challenges and possible solutions, contributing to ongoing co-operation between the Supreme Court and the Council of Europe in strengthening access to justice and fair-trial guarantees.
The discussion focused on the findings of the draft-analysis “Defence for Persons without Sufficient Means in European Comparative Practice”, prepared by Council of Europe, which examines international standards and European approaches to providing free legal aid in cases where having a lawyer is not compulsory.
The analysis highlights the importance of ensuring that the right to free legal aid, guaranteed under Article 6 of the European Convention on Human Rights, is effective in practice. It examines key issues related to the assessment of the defendant’s financial situation and the “interests of justice” criterion, the procedure for appointing a defence lawyer, the scope of legal aid and the stages of criminal proceedings in which it should be available.
Despite the existing legal framework, the analysis points to limited application of Article 75 in practice and identifies a number of challenges that may affect its effective implementation. It also presents comparative practices that could inform further consideration of the issue in the national context.
The analysis will serve as a basis for further discussion in the preparation and adoption of the Guidelines for implementation of Article 75 by the President of the Supreme Court.
This event was organised with the support of the action “Towards a consolidated and more efficient Free Legal Aid (FLA) system in North Macedonia”, part of the European Union and Council of Europe joint programme “Horizontal Facility for the Western Balkans and Türkiye”. It provided a platform for exchanging practical experiences, identifying common challenges and discussing issues requiring further attention.
