WRITTEN QUESTION No. 1922/97 by Mark WATTS to the Commission. Delays in the granting of legal aid in Spain
Date: 1997-06-04
Institutions: European Parliament, WATTS
Subjects: EU national, Spain, United Kingdom, competence of the Member States, discrimination on the basis of nationality, equal treatment, legal aid

C 82/20

EN

Official Journal of the European Communities

17. 3. 98

Hence, when quantities are set for exchanges of fishing possibilities with third States, full account is taken of
scientific opinions on the level of resources, and quotas are allocated on the basis of the principle of relative
stability.

(98/C 82/27)

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 (1)
and E-2866/96 (2), 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 (3).

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.

(1)  OJ C 60, 26.2.1997.
(2)  OJ C 72, 7.3.1997.
(3) 

Judgment of 28 June 1978 in Case 1/78, Kenny.