Resolution regarding legal assistance and its funding in Poland – 16.05.15

The participants of the General Assembly of the Fédération des Barreaux d’Europe, gathered in Bilbao, Spain, on the occasion of the annual conference and representing 250 member bars and through them more than 800,000 European lawyers, would like to underline that they share the concern of their Polish colleagues over the issue of devalued rates constituting the basis for remuneration of legal assistance in Poland, as mentioned in Regulations of the Minister of Justice of Poland, while at the same time supporting fair and legitimate claims for their increase.

The delegates would like to further point out to the fact that the individual right to statutory legal aid is of fundamental character and as such it implies, among other things, that its funding allows for an appropriate remuneration of legal assistance provided by lawyers.

In addition, it should be highlighted that failure to increase the rates will raise the question of harm being inflicted upon persons whose reasonable expenses for legal representation cannot be reimbursed, and who therefore decide not to commence or to discontinue their court case, thus waiving their legal rights.