الإصلاح التشريعي لنظام المساعدة القضائية في القانون الفرنسي

Abstract

The French legislator has fully amended the provisions of the Legal Aid Law No. (647-91) of 10.07.1991, and introduced the Law No. (1717-2020), which entered into force in January 2021. This amendment has arisen after it became clear that the problem does not lie on acknowledging the principle of aid, but rather on activating and amending its laws to overcome the obstacles that impede its implementation. Therefore, this study aims to guide the legislator in the Arab countries for the best way to effectively implement this system.

In this regard, we follow the analytical approach to present the most significant amendments made by the French legislator.

The state’s interest in the legal aid system is a logical outcome of the state’s interest in human rights. Therefore, democratic states are seeking to activate this system with the capabilities they have. Paying attention to this system will lead to overcoming the problem of slow litigation by introducing alternative means under this system. This can only be made by responding to requests of lawyers and reconsidering the method for assessing their fees, and responding to litigants’ demands to extend the scope of its application to include a wider class of people with limited income.

This study has been prepared after the last amendment to French Aid Law. Therefore, the research is distinguished by its originality, as there are no research studies in Arabic language have previously studied this subject; due to the novelty of this amendment in 2021.