Outsourcing Legal Aid in the Nordic Welfare States

Outsourcing Legal Aid in the Nordic Welfare States

Olaf Halvorsen Rønning Ole Hammerslev Editors Outsourcing Legal Aid in the Nordic Welfare States

Editors Olaf Halvorsen Rønning Department of Criminology and Sociology of Law University of Oslo Oslo, Norway Ole Hammerslev Department of Law University of Southern Denmark Odense M, Denmark ISBN 978-3-319-46683-5 ISBN 978-3-319-46684-2 (ebook) https://doi.org/10.1007/978-3-319-46684-2 Library of Congress Control Number: 2017955024 The Editor(s) (if applicable) and The Author(s) 2018 This book is an open access publication. Open Access This book is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, duplication, adaptation, distribution, and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, a link is provided to the Creative Commons license, and any changes made are indicated. The images or other third party material in this book are included in the work's Creative Commons license, unless indicated otherwise in the credit line; if such material is not included in the work's Creative Commons license and the respective action is not permitted by statutory regulation, users will need to obtain permission from the license holder to duplicate, adapt or reproduce the material. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: Krohg, Christian/ Nasjonalmuseet for kunst, arkitektur og design/the National Museum of Art, Architecture and Design Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

This book is dedicated to Kristian Kikki Andenæs

Preface This book is dedicated to Kristian Kikki Andenæs, on his retirement as professor at the University of Oslo. Throughout his career, Kikki has been deeply involved in legal aid for marginalised people. As a student, he was already involved in the student-run legal aid clinic Juss-Buss. While the Juss-Buss-initiative was still in its early days, Kikki helped set up a group offering legal aid to Roma people. He graduated from the Faculty of Law at the University of Oslo in 1974. After that he worked in the Ministry of Social Affairs and then as a deputy judge, before returning to academia. From 1978, he was employed as amanuensis at the Department of Social Science at the University of Tromsø, and then, in 1984, he joined the Department of Sociology of Law, Faculty of Law, University of Oslo, where he was awarded a Dr. philos, in 1992, for his thesis on the social care system in Norway. He became a professor in 1997. During his time at the Department of Sociology of Law, which later became the Department of Criminology and Sociology of Law, he was amongst other things head of department and supervisor of the Juss-Buss-project. Kikki has published extensively on legal and socio-legal issues. His main fields of interest have been social law, legal aid, immigration law, education law, juridification, and other issues related to equality before the law. His main works include the book based on his doctoral thesis, Sosialomsorg i gode og onde dager [Social care for better, for worse], his vii

viii Preface book Sosialrett [Social welfare law], and his work on juridification, published in various articles. Much of it has had a policy-based approach, emphasising the need for a better understanding of how the law affects society in general, and disadvantaged groups in particular. But Kikki s importance cannot be measured by his scholarly output alone. He has been the supervisor of several PhD and MA students, project manager of Juss-Buss, head of department, and a great colleague at the Department of Criminology and Sociology of Law, University of Oslo; he has been closely involved in Retfærd. Nordic Journal of Law and Justice. All this means that he is a crucial figure in the development of sociology of law as an academic discipline not only in Norway but throughout the Nordic countries. His commitment reaches beyond the academic world: he is an active and committed contributor to legal aid projects such as Gatejuristen [The Street Lawyers] and Juss-Buss. Apparently one of Kikki s favourite paintings is the picture on the cover of this book: Kampen for tilværelsen [The Struggle for Survival] painted 1888-89 by the Norwegian artist Christian Krohg. Krohg used his art, and position as an artist, to depict social injustice and protest against it. Kampen for tilværelsen shows hungry women and children waiting in the snow outside a bakery in the hope of getting stale bread. Social commitment and the determination to use science to battle against social injustice is also the hallmark of Kikki s academic life, where scientific work has been used as a platform to engage actively in marginalised people s struggle to improve their lives. We would like to thank Nasjonalmuseet for kunst, arkitektur og design [The National Museum of Art, Architecture and Design] in Oslo for giving us permission to use this work. The editors would also like to thank all the contributors, Per Jørgen Ystehede, Turid Eikvam, and Heidi Mork Lomell for their sound advice and invaluable help, and Daphne Day for proof reading all the chapters with great care. We thank the Publishing fund for UiO researchers for providing us with funding to enable us to publish the collection as open access. Oslo and Copenhagen November 2016 Olaf Halvorsen Rønning Ole Hammerslev

Contents 1 Legal Aid in the Nordic Countries 1 Ole Hammerslev and Olaf Halvorsen Rønning 2 Legal Aid in Norway 15 Olaf Halvorsen Rønning 3 Legal Aid in Sweden 43 Isabel Schoultz 4 Legal Aid in Finland 77 Antti Rissanen 5 Legal Aid in Denmark 99 Bettina Lemann Kristiansen 6 Legal Aid in Iceland 125 Hildur Fjóla Antonsdóttir ix

x Contents 7 Juss-Buss [Law Bus]: A Student-run Legal Aid Clinic 147 Ole Hammerslev, Annette Olesen, and Olaf Halvorsen Rønning 8 Gadejuristen [The Street Lawyers]: Offering Legal Aid to Socially Marginalised People 169 Stine Piilgaard Porner Nielsen and Ole Hammerslev 9 Ex-prisoners Need for Legal Aid in Denmark 193 Annette Olesen 10 Nordic Legal Aid and Access to Justice in Human Rights. A European Perspective 227 Jon T. Johnsen 11 Legal Aid and Clinical Legal Education in Europe and the USA: Are They Compatible? 263 Richard J. Wilson 12 Juridification, Marginalised Persons and Competence to Mobilise the Law 287 Knut Papendorf 13 Outsourcing Legal Aid in the Nordic Welfare States 311 Ole Hammerslev and Olaf Halvorsen Rønning Index 329

List of Figures Fig. 2.1 Legal assistance granted 26 Fig. 2.2 Annual spending on legal aid outside court 27 Fig. 2.3 Annual budgeted spending on legal advice 28 Diagram 3.1 The number of legal aid matter that has been concluded between 1997 and 2014, approved by either the Legal Aid Authority or by the Courts 60 Fig. 4.1 Services provided in PLA offices in 2014 83 Fig. 4.2 The distribution of cases in PLA offices in 2014 85 Fig. 4.3 The distribution of private lawyers legal aid cases in 2014 87 Fig. 7.1 Number of cases in selected years 150 Fig. 7.2 Number of cases in key legal disciplines, 1999 2015 152 Fig. 8.1 Number of new users per year 174 xi

List of Tables Table 2.1 Number of legal aid cases, 2014 25 Table 3.1 Legal aid granted in 2014 by the Legal Aid Authority and the courts, based on the various concerns 62 Table 3.2 Distribution of the legal aid granted in 2014 on the basis of financial base of the claimant and the share of the total cost to be paid by the legal aid fee 64 Table 4.1 Monthly means and the basic excess that the applicant is liable to pay 81 Table 5.1 Expenditure. Legal aid by lawyers 117 Table 5.2 Expenditure. Legal aid offices 117 Table 5.3 Expenditure. Legal aid offices 118 Table 5.4 Expenditure. Free legal aid in regard to lawsuits 118 Table 5.5 Number of cases where free legal aid is granted 118 Table 6.1 Legal aid applications and grants (%) by year 138 Table 7.1 Number of cases in key legal disciplines, 1999 2015 151 Table 10.1 Legal aid budget per inhabitant, from the top 11 countries, in 2012 252 Table 10.2 Legal aid cases and costs per case 253 xiii