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Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU

article  16

CELEX:  32024R1348

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.
Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU

article  16

CELEX:  32024R1348

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.