1. Member States shall ensure that decisions relating to the granting, withdrawal or reduction of benefits under this Directive, decisions refusing to grant the permission referred to in Article 8(5), first subparagraph, or decisions taken under Article 9 which affect applicants individually may be the subject of an appeal within the procedures laid down in national law. In at least the last instance, the possibility of an appeal or a review, in fact and in law, shall be granted before a judicial authority.
2. In the cases of an appeal or a review before a judicial authority referred to in paragraph 1 of this Article, and in the case of judicial review referred to in Article 11(3) and (5), Member States shall ensure that free legal assistance and representation is made available as necessary to ensure effective access to justice. Such legal assistance and representation shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the required procedural documents, and participation in the hearing before the judicial authorities on behalf of the applicant.
Free legal assistance and representation shall be provided by legal advisers or other suitably qualified persons, as admitted or permitted under national law, whose interests do not conflict or could not potentially conflict with those of the applicant.
3. Member States may decide not to grant free legal assistance and representation where:
(a) the applicant has sufficient resources; or
(b) the appeal or review is considered to have no tangible prospect of success, in particular if the appeal or review is at a second level of appeal or higher.
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the ground that the appeal or review is considered to have no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose shall be entitled to request free legal assistance and representation.
Member States may also provide that free legal assistance and representation are granted only by legal advisers or other counsellors who are specifically designated under national law to assist and represent applicants or by non-governmental organisations accredited under national law to provide free legal assistance and representation.
4. Member States may also:
(a) impose monetary or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation;
(b) provide that, as regards fees and other costs and reimbursements, the treatment of applicants shall be equal to but not more favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.
5. Without prejudice to Article 19(2) of this Directive, Member States may request total or partial reimbursement of any costs incurred where the applicant’s financial situation has improved considerably during the procedure for international protection in accordance with or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant.
6. Member States shall lay down specific procedural rules governing the manner in which requests for free legal assistance and representation are filed and processed, or apply existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.
Correlation table
| Directive 2013/33/EU | This Directive |
| Article 26 | Article 29 |