their options and file relevant applications. Parties must establish conditions according to which victims of trafficking are provided with legal aid free of charge.118 When considered together with standards set out in the ECHR and the case law of the ECtHR, the right to free legal assistance may, in certain circumstances, be extended to civil matters, such as claims for compensation or immigration proceedings.119 In this vein, EU law foresees that trafficked persons be provided with the relevant information and necessary legal assistance to be able to protect their legal rights, including their rights of residency and return. It also requires that victims be provided with legal counselling “without delay”.120 Victims should be afforded access to legal representation for the purpose of claiming compensation and in accordance with the role of the victim in the relevant criminal justice system (for example, where victims have the status of parties to criminal proceedings). In case the victim does not have sufficient resources, legal representation and counselling is to be provided free of charge by the EU member state concerned.121 In addition, UN agencies have recommended that states implementing the EU Trafficking Directive ensure that access to free legal aid is not restricted to criminal proceedings. It should also cover all legal proceedings relating to a person’s victim status, including criminal, civil or labour procedures, for the purpose of compensation, as well as proceedings in relation to immigration status or asylum.122 Possibility to appeal In order to ensure that due process is afforded to trafficked persons during the return process, it is essential that they are provided with the means to appeal against the return decision. Of particular relevance in this context are the OSCE commitments on ensuring effective means of redress against administrative decisions, according to which OSCE states should endeavour to provide judicial review of administrative regulations and decisions.123 118  Council of Europe Trafficking Convention, art. 15(2); Explanatory Report to the Council of Europe Trafficking Convention, paras. 195 and 196. 119  These circumstances include where the complexity of proceedings and the emotional character of a matter may prevent a person from presenting their case properly and effectively (Explanatory Report to the Council of Europe Trafficking Convention, paras. 195 and 196). It is likely that in all civil matters involving a trafficking victim, such as claims for compensation or asylum applications, the complexity of proceedings and emotional character of the case and the issues to be discussed necessitate the provision of legal aid for the trafficking victim. 120  EU Trafficking Directive, art. 12(2). 121  Ibid., art. 12(2). As victims of crimes, trafficked persons also fall within the scope of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, 2012 OJ L 315/57. This Directive, to be transposed by the EU Member States by 16 November 2015, requires that victims be recognized and treated in a respectful and sensitive manner, with the rights granted by the Directive applied in a non-discriminatory manner. The European Parliament has recently stated that victims should be provided with professional help including free legal aid, bearing in mind that they often lack financial means and would thus be unable to pay for such assistance (see European Parliament, Resolution of 10 February 2010 on Preventing Trafficking in Human Beings, P7_TA(2010)0018, para. 18). 122  UNHCR et al., Prevent, Combat, Protect: Human Trafficking, p. 66. 123  Document of the Moscow Meeting of the Conference on the Human Dimension of the OSCE, 3 October 1991 (hereafter: 1991 Moscow Document), para. 18.4. Part 2: Explanatory Report to the Principles 53