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Procedures Regulation:
Article 16 – Free legal counselling in the administrative procedure

1. Member States shall, at the request of the applicant, provide free legal counselling in the administrative procedure provided for in Chapter III.

For the purposes of the first subparagraph, effective access to free legal counselling may be assured by entrusting a person with the provision of legal counselling in the administrative stage of the procedure to several applicants at the same time.

2. For the purposes of the administrative procedure, free legal counselling shall include the provision of:

(a) guidance on and an explanation of the administrative procedure including information on rights and obligations during that procedure;

(b) assistance on the lodging of the application and guidance on:

(i) the different procedures under which the application may be examined and the reasons for the application of those procedures;

(ii) the rules related to the admissibility of an application;

(iii) legal issues arising in the course of the procedure, including information on how to challenge a decision rejecting an application in accordance with Articles 67, 68 and 69.

3. Without prejudice to paragraph 1, the provision of free legal counselling in the administrative procedure may be excluded where:

(a) the application is a first subsequent application considered to have been lodged merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State;

(b) the application is a second or further subsequent application;

(c) the applicant is already assisted and represented by a legal adviser.

4. For the purpose of implementing this Article, Member States may request the assistance of the Asylum Agency. In addition, financial support may be provided through Union funds to the Member States, in accordance with the legal acts governing such funds.


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Correlation table

Directive 2013/32/EUThis Regulation
—Article 16
Categories: Articles Key words: Free Legal Counselling

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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