Background:

The EMN NCP Germany initiated this query on 3 July 2025 to gather insights as Germany evaluates its "unabhängige Asylverfahrensberatung" (asylum procedure advice), which has been provided by welfare and non-governmental organisations since January 2023, funded by the federal state. This voluntary service is free for applicants and offers one-to-one sessions, including general information and/or case-specific legal advice. Germany is also planning to implement free legal counselling during the asylum procedure from 2026, in accordance with Art. 16 of Regulation (EU) 2024/1348.

The purpose of this query is to gather information on how other EMN Member and Observer Countries assess the needs of applicants for international protection in order to determine the scale of counselling to be provided, the resources allocated, and whether services are directed at all applicants or specific sub-groups.

Respondents:

26 EMN Member and Observer Countries (including BE) provided a public response to this ad hoc query. 

Findings:

A preliminary analysis of the ad hoc query results shows that: 

• The great majority of EMN Member and Observer Countries currently offer or plan to offer individual legal advice during the asylum procedure. However, some, like PL, only offer general information, while EE provides counselling but not legal advice, though it plans to offer free legal counselling and representation in the future. IT stated that these issues are under review, and SE cited upcoming uncertainties in domestic reforms. 
   

• Approaches to assessing need and allocating resources vary. Some countries, such as CZ, have a well-known range of services and funding defined by contracts. Others, like BE, BG and LU, integrate legal aid into their general legal aid systems, often conditional on an applicant's financial situation. DE is currently analysing its assumption that approximately 60% of applicants would use the service, combining data from surveys, program participation rates, and expert interviews. CY evaluates needs based on applications, potential interest, and counsellor capacity, estimating that 3 legal counsellors are needed currently, with more needed in case of unexpected influxes.
   

• Differentiation between sub-groups of applicants is common, but not universal. Many countries do not differentiate and offer legal advice to all applicants. However, differentiation often occurs for vulnerable groups such as unaccompanied minors (BG, CY, EL, LT, RS), victims of human trafficking or severe violence (CY, IE, RS), or based on financial means (BG, FI, HU, LT, LU, ES). DE offers "special legal advice" for vulnerable individuals, and ES differentiates based on the asylum procedure's location (detention centres/borders vs. territory). 
   

• Several challenges were identified in implementing these services. These include ensuring applicants engage with services at an early stage, addressing the high demand that strains the capacity of qualified legal professionals (a common issue in BE and NL), ensuring service continuity (HR), and reconciling existing programs with new EU regulations. Other issues include insufficient data for needs assessment, language and interpretation difficulties, and distrust or trauma among asylum seekers. 

   

• The EMN Member and Observer Countries identified several benefits of implementing legal advice services. These contribute to increased fairness and legality of procedures, improved procedural efficiency and quality of official decisions, and a better understanding of rights and obligations for applicants. Such services also foster greater trust in the asylum system and protect fundamental human rights. Good practices include targeted support for vulnerable female asylum seekers (FR) and early legal advice leading to more streamlined processes (IE). 

For further details, please consult the compilation of answers attached above.