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Anthony Presentation - EU Rights Clinic

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Transcript of Anthony Presentation - EU Rights Clinic

Background
EU Rights Clinic was launched in January 2013 to coincide with the European Year of Citizens
Joint initiative of the University of Kent in Brussels and ECAS (European Citizen Action Service)

Teaching is funded through Jean Monnet action of the EU’s Lifelong Learning Programme

Case work is undertaken pro bono

The mission of the EU Rights Clinic is to:
help EU citizens and their family members
who cannot afford the services of a lawyer
to resolve problems they may encounter when moving around the EU and assist them in enforcing their European rights
when the problem remains unresolved following recourse to the EU’s assistance services

Clinical legal education:

Provide students with experience of EU free movement law by taking effective action to enforce our clients’ EU free movement rights

Students encouraged to reflect on their experiences

Rationale
Mission
Image by Tom Mooring
Educational Purpose
The EU Rights Clinic - One Year On
EU Citizenship Report 2010
There are currently 63 infringement proceedings launched against Member States in the area of free movement and residence of EU citizens. COM 2010 (602)

In 2009, residence-related issues formed the biggest proportion (38%) of all complaints regarding the functioning of the Single Market [Source: SOLVIT]. This figure shows that EU citizens are aware of this right and confront many obstacles.COM 2010 (603)
Legal aid budgets are being cut in several Member States
Impact on residence rights, social security rights and family law rights of EU citizens and family members

Gap in provision of assistance services by EU
no EU-wide problem-solving service giving tailored advice and which is also able to represent people before the courts

Europe Direct: information only
Your Europe Advice: written / telephone advice only
SOLVIT: limited to problem solving between public administrations


Objective
The EU Rights Clinic offers a service to EU citizens and their family members to resolve complex problems posing obstacles to their EU right of free movement

EU Rights Clinic has the twin aims of:

giving clients a chance for solving their complex case when they cannot otherwise access legal advice

giving clients an opportunity to contribute to improvements in European policy and legislation by using their personal experience as the basis for evidence-based advocacy

What cases does the Clinic take on?
does the case involve an issue under EU law? We only take on cases that relate to EU free movement law, social security coordination and equal treatment on grounds of nationality.
 
has the client had recourse to Your Europe Advice or SOLVIT? We will only take on cases that remain unresolved after the intervention of the EU’s various assistance services.
 
is the client unable to afford the services of a lawyer? We will only take on cases where a citizen is unable to afford the services of a lawyer. This criteria is flexible. We may take on a case even if a client has an income above the threshold for legal aid.
Case Statistics
63 cases (Jan-December 2013)
164 individuals
2 NGO clients
Origin of clients (ex. Giblraltar complaints):


Origin of Problem
Type of Problem
63 cases in 2013:
Outcomes
Closed (47):
Open (16):
Opportunities for collaboration
EU Rights Clinic is a member of:
European Network on Clinical Legal Education (EU)
Law Works (UK)

The Clinic is registered with the Solicitors Regulation Authority

Looking to partner with other clinics advising on migration or social security

Looking for volunteers with knowledge of EU law, migration or social security issues ... as well as translators

The EU Rights Clinic aims to bring together advice centres providing specialist advice on EU free movement rules:

ADDE, Belgium
Legal Clinic, Zagreb University Law Faculty, Croatia
Danish Immigrant Counselling, Denmark
GISTI, France
La Clinique Juridique, France
ICI, Ireland
UCAB, Poland
ACCEM, Spain
Pro Igual, Spain
Crossroads, Sweden
NACAB, Romania
AIRE Centre, UK

European Network of Rights Advice Centres
Further information
rights.clinic@ecas.org

EU Rights Clinic blog
http://blogs.kent.ac.uk/eu-rights-clinic/

European Citizens’ House website
http://www.citizenhouse.eu/
Full transcript