Legal aid directive clash

A row has broken out among politicians and lawyers over the directive aimed at achieving common legal aid standards across Europe, after the European Parliament accused the EU Council of trying to rush through a watered-down version of the legislation.

The trouble arose when the council indicated that it would adopt amendments that meant the directive would affect cross-border disputes only.

The parliament said it should apply in all cases where legal aid was an issue.

The amended text also allowed member states to insist that litigants use alternative funding arrangements, including conditional fee agreements.

Liberal Democrat MEP and solicitor Diana Wallis told the parliament that the council was trying to push the 'watered-down' directive through before the Nice Treaty - which would make it subject to the co-decision process with the parliament - came into force this week.

Pat Cox, president of the parliament, wrote to council president Per Stig Moller last week demanding that he suspend adoption of the text while waiting for the European Commission to submit a new proposal based on co-decision.

However, this was taken out of the council's hands when the Netherlands entered a parliamentary scrutiny reservation, causing the removal of the text from the council agenda.

Ms Wallis said the Netherlands' actions reflected 'clear disagreement' between the council and the parliament.

'It is likely the parliament will now appoint a rapporteur to consider the legal position,' she added.

A council spokesman said it was committed to legislation that improved access to justice, and had taken parliament's views into consideration.

'The directive reflects actually the compromise which is currently possible between the 15 member states,' he insisted.

A spokeswoman for the Council of the Bars and Law Societies of the European Union (CCBE) said the parliament had its full backing.

'It is important that the council listens to what the only elected European body has to say, otherwise Europe becomes more distant from its citizens,' she explained.

Paula Rohan