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Association Europeenne des Avocats _ European Association of Lawyers

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News, NEWSLETTER

Newsletter Spring 2021

Dear Colleagues and Friends,

Please find below our latest newsletter for download.

Newsletter AEA-EAL Spring 2021

admin1 April 202111 April 2021

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Previous Previous post: Happy Easter!
Next Next post: New Mediation Committee

Last Posts

  • Mediation Webinar – 27 April at 12.00 (CET)

    The next Mediation Webinar is taking place this Wednesday. Register for free:

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  • General Assembly on 15-16 May is coming!

    Dear Friends, Our General Assembly is taking place on 15 – 16 May! You can find all the necessary information below. For registration please download the form, fill it in on your computer/ mobile and send it back to [email protected] Registration form for download (in English and French)      

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  • Happy Orthodox Easter!

    Καλό Πάσχα σε όλους! *** Усім щасливого Великодня! ***  Всем счастливой Пасхи!

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  • Easter wishes

    Dear Friends, Best wishes and all the best for Easter. Let this time be full of joy for all of you, your families and your friends! — Chers Amis, Meilleurs voeux et tout le meilleur pour Pâques. Que ce temps soit plein de joie pour vous tous, vos familles et vos amis! — Дорогі друзі, Найкращі побажання та всього найкращого на Великдень. Нехай цей час буде сповнений радості для всіх вас, ваших сімей та друзів! — Дорогие друзья, Наилучшие пожелания и всего наилучшего на Пасху. Пусть это время будет радостным для всех вас, ваших близких и друзей!

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  • Polish lawyers for Ukraine

    The Center for Coordination of Legal Aid was established to provide pro bono legal aid to people affected by the war in Ukraine. We operate through a nationwide call center and through legal information points located throughout the country. Assistance in solving legal problems is provided by volunteer experts: attorneys-at-law, advocates and representatives of all legal professions and associations as well as NGO lawyers. As part of the Center, the National Bar Association of Attorneys-at-law coordinates cooperation between 19 regional bars association of attorneys-at-law and other legal associations. Lawyers work together to help those affected by the war in Ukraine. Thanks to the initiative of the National Bar Association of Attorneys-at-law, the largest coalition of legal associations supporting people in need who came to Poland after the outbreak of war was created. The Center will continue to operate as long as Ukrainians seeking a safe haven in Poland need legal aid. We can help with the following: Legal status of citizens of Ukraine arriving on the territory of the Republic of Poland in connection with military operations – their basic rights and obligations, Legalisation of residence and work of foreigners (including Ukrainian citizens) residing in Poland before 24 February 2022, Temporary custody and family foster care for unaccompanied Ukrainian minors coming to Poland in connection with the warfare, Employment of Ukrainian citizens – the Special Law on Assistance to Ukrainian Citizens and the Labour Code, Employer’s obligations in the sphere of social insurance. Works of the Center for Coordination of Legal Aid are coordinated by attorney-at-law Magdalena Bartosiewicz, member of the Commission for Foreign Affairs and Human Rights at the Warsaw Bar of the Attorneys-at-Law. Visit the Center’s website: prawnicyukrainie.pl

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  • Attorneys-at-law from Białystok on Polish-Belorussian border

    Threats to human rights are always a massive challenge for societies, but above all for lawyers, who are defenders and those on the front line of a fight to protect rights and liberties. Particularly nowadays in Poland lawyers undertake massive actions to help our Ukrainian friends. You may read the information on actions performed by the Polish National Bar of Attorneys-at-law below. But lawyers must also act in cases that are against public opinion. That was the case when European lawyers helped refugees on the Greek islands during the 2015 migration crisis. The same issue was repeated last year when Polish lawyers stood for the rights of migrants and refugees used by the Belorussian regime to destabilise the Polish Eastern border. We strongly encourage you to read the below interview with lawyers from the Białystok Bar of Attorneys-at-Law engaged in legal aid for people stuck between Belarus and Poland.             Janusz Trochimiak             Jakub Ławniczak             Magdalena Bartosiewicz Why did you get involved in helping people in the border area with Belarus? We simply did not consider any other possibility. Protecting human rights is the essence of our craft, and it applies equally to a resident of the border town of Grodek as it does to a foreigner crossing the border illegally. To a certain extent, this decision was also influenced by the specifics of my practice, which is primarily concentrated in border areas (and this translated into a pretty good grasp of the situation – significantly different from that apparent from the limited media coverage). We were also fortunate to meet people very involved in the work of the Border Group quite early on. What does this assistance consist of? The assistance has proved to be multi-faceted. Contrary to popular belief, it does not consist of wandering through the forest searching for people who are then handed power of attorney to represent them before the competent authorities. We are taking a very subjective approach to people caught up in the current border crisis. And it has to be said that they often did not want to be assisted. Therefore, these are activities in direct contact with foreigners, such as explaining: procedures, legal situations, and possible courses of action. But representation in cases with direct contact is significantly more complex (also due to the epidemic) before the Border Guard, the Office for Foreigners, and the Courts. Finally, it also included applying to the European Court of Human Rights with complaints and requests for interim measures. We focused on ensuring that refugees can enter the procedure related to granting international protection. It turned out – as in 2015 – that this is usually very difficult, if not unrealistic, due to the policy of intensive use of the procedure referred to in Article 303b of the Aliens Act (push back) and unjustified refusal to accept applications for protection by Border Guard officers – even at border crossings (vide the Kuźnica case). Such a choice of priorities turned out to be particularly important in winter when even a short stay in the forest posed a real threat to health and led to the loss of life by foreigners in a dozen or so cases. Therefore, we quickly noticed that the procedures described in the law do not work or work in a way that significantly limits foreigners’ rights. We began the practice of applying to the European Court of Human Rights in Strasbourg for an interim measure that the Court may order under Rule 39 of its Rules of Procedure before a formal complaint is filed. I can say that this is currently the only legal measure that suspends (and de facto excludes) the possibility of applying the legally and ethically questionable so-called push back procedure described in Article 303b of the Aliens Act (introduced into the legal order on 26 October 2021) Do you cooperate with other persons or organisations? If so, in what way? We are working with the ‘Border Group’, which is probably a well-known informal group of NGOs currently involved on the border. It is striking to see the picture of the group that is painted in the mass media favourable to the authorities. On Friday (4 February 2022), We read in one of the articles that it is an “anti-government organisation”. Such a narrative has nothing to do with the subject of activity of the affiliated organisations and independent activists. Our cooperation evolved as the crisis at the border continued. The first engagement period – August / September 2021 – consisted of providing legal advice to people active in these organisations and assisting in formulating letters to public administration bodies. With time, it was more structured work accepting specific cases (including administrative and court cases) for legal services. Cooperation in coordinating the collection of information and sending applications to the European Court of Human Rights on their basis and then providing refugees with a formal opportunity to apply for protection is crucial. Sometimes I use analyses prepared by migration specialists working for these organisations (e.g., information on the situation in a particular country of origin of foreigners). How do the police and border authorities deal with this activity? What is the experience of both of you? If we talk about the procedure in specific cases, including direct contact with the officers in charge, we cannot, in general, have reservations. In principle, personal communication at branch offices or access to clients apprehended by border guards has not been obstructed (we ignore the COVID-19-related conditions). There have been instances of obstruction by officers, but we believe this was due to a lack of relevant training rather than a lack of friendliness. The evaluation of our work, however, sometimes varied. But even when there were attempts to question the attorney’s role (most often, it concerned the circumstances of granting a power of attorney), a calm conversation and argumentation made it possible to come to a constructive agreement. […]

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  • Mediation Webinar on online dispute resolution

    We cordially invite you to our third event devoted to alternative dispute resolution issues. The webinar on the use of electronic tools for ADR and procedures conducted entirely online are the subject of the event that is organized by the AEA-EAL in partnership with the Łódź Bar of Attorneys-at-Law. When? 27 April 2022 at 12.00 (CET) Where? An online event on Zoom Who should participate? Lawyers, mediators, specialists, and people interested in the specificity of online conflict solving How much does it cost? The webinar is free of charge. Topic Practical role and best practices of use of Online Dispute Resolution (ODR) Program/ Agenda 12:00 – 12:10 Opening remarks: Prof. Irakli Kandashvili (Georgia) 12:10 – 12:25 Experiences on use of the ODR in Ukraine: Luiza Romanadze, Svetlana Sergeyeva (Ukraine) 12:25 – 12:30 Q&A 12:30 – 12:45 ODR in Spain: Carmen Pérez Andújar (Spain) 12:45 – 12:50 Q&A 12:50 – 13:05 Polish perspectives of the ODR: Barbara Pawlak (Poland) 13:05 – 13:10 Q&A 13:10 – 13:25 UK, ODR and current challenges: Iain Mitchell QC (UK) 13:25 – 13:30 – Q&A 13:30 – 13:40 – Summary of the webinar: Prof. Irakli Kandashvili (Georgia) Where to register? complete the below form:

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  • General Assembly and 35th AEA-EAL Anniversary Dinner

     Dear Friends, On behalf of the Board of our Association and on my own I have the honour and pleasure of inviting all of you to participate in the General Assembly and celebrations of the 35th Anniversary of the AEA-EAL, which will take place in Brussels onMay 15 – 16, 2022. You may download the information and interactive registration form in English and French here. Fill in online and send it back to us! The programme is following: Download information and electronic registration form

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