of appointing legal aid lawyers benefits people who are deprived of liberty the most. According to representatives of the Legal Aid Service, the lawyers arrive at the police station in a maximum of 2 hours in all cases when persons are arrested by the police. In addition, regardless of their financial resources, the following people will always be granted legal aid: victims of gender violence, terrorism, human trafficking, as well as children and persons with mental disabilities who are the victims of abuse or mistreatment. In terms of challenges, this promising practice for random and speedy appointment of legal aid lawyers remains an exception rather than the rule applicable at the level of all Bar Associations in Romania. A systemic change could happen if lawyers advocate for the benefits of such a system at the local level and if sufficient financial resources are allocated by Bars associations to set it up and maintain it. The duty system for criminal affairs is organized based on a rota scheme, with a number of lawyers being on call for periods of twenty-four hours, every day of the year. The number of lawyers on call varies from one geographical area to another and is determined by each Bar Association. Promising practices from other EU Member States Mandatory example56 legal assistance: The Spanish Free legal assistance is a public service funded by the State and is provided by private lawyers who apply to be included in the Bars’ lists for legal assistance services on a voluntary basis.57 The Spanish legal aid system is not limited to criminal proceedings, but does also include other areas, such as civil, labour and administrative proceedings. As far as criminal proceedings are concerned, the Constitution provides the compulsory assistance of a lawyer from the moment of police detention58. This right to prompt access to a lawyer in police custody can only be waived in cases of road safety offences.59 In practice, this results in access to legal aid being granted to any person in police custody. Every suspect or accused person can request a lawyer from the duty scheme. However, the legal assistance provided will not automatically be free of charge. For the service to be free, the applicant must meet the means requirements.60 Yet, irrespective of the final results of the means test, all detainees who request legal aid will be assisted by a duty lawyer during their stay in the police station,61 given that access to legal counselling in detention is mandatory. 56. This good practice example is taken from the Legal Aid factsheet and was written by Rights International Spain. 57. Enrolment in the duty scheme is voluntary since 1996. 58. Spanish Constitution, art 17.3. 59. See art 520.8 Criminal Procedure Code. Also, only in the event of a child who has not been detained but is summoned to declare by the police or Juvenile Prosecutor’s Office for a minor offence (falta) while the file has not been opened, is then possible to waive the right to a lawyer (assisted by his/her legal representatives). Waiving this right is not possible if he/she is accused of a crime (delito) even if it is a road safety crime (which is the general exception of art. 520.5 Criminal Procedure Code of Spain). In addition, lawyer’s assistance is imperative once the proceedings have been initiated (even if it is a minor offence). Consulta 4/2005 Fiscalía General del Estado. 60. The threshold to assess the economic means is the “Indicador Público de Renta a Efectos Múltiples��� (IPREM) or public income index (in 2020, based on 12 pays: 6.454,03€, on the basis of 14= 7.519,59€). To be entitled to free legal aid that amount will be multiplied by 1, 2 or 3 depending on the number of members of the family unit (also in the case of a child, the income of the family unit of the applicant will be considered). 61. A large majority of assistances are carried out by duty scheme lawyers, not by privately appointed lawyers (even in the case of children). 18 For suspects or accused in police custody, the police calls the local Bar Association who designates a state-appointed lawyer from the duty scheme, among those who are on call at that moment. The appointed lawyer must arrive at the police station as soon as possible, always within a maximum period of three hours since receiving the assignment62. When called, duty lawyers cannot refuse to attend the police station, nor can they refuse to defend a specific client, unless a conflict of interest exists. In the interest of consistency, the same lawyer who assisted the suspect or accused person at the police station should, in principle, follow the entire judicial proceedings. However, the person suspected or accused can request the Bar Association for the appointed lawyer to be replaced. The request will be decided by the Bar within 20 days and can be appealed by the beneficiary. Among the benefits of this system, the availability of lawyers on call, 24/7 every day of the year, to give in-person legal assistance to suspects in police custody63 is noteworthy. According to several experts, the majority of detainees are grateful for the lawyers’ assistance, not only because of the technical assistance, legal information and counselling they provide, but also for their role in offering reassurance, as detainees see lawyers as people they can trust and with whom they will be engaging in a constant dialogue. In terms of remaining challenges, the current minimum requirements to join the duty scheme guarantee that lawyers who enrol in the system have experience and knowledge. However, introducing methods such as those applied in The Netherlands (peer review, supervision by mentors, etc.) would help ensure homogeneity in the quality of the service provided by legal aid lawyers. Some Spanish Bar associations already request, in order to remain in the duty scheme, that lawyers attend ongoing training. This requirement should be make compulsory for every Bar association. Greater funding and public investment would be necessary to ensure the sustainability of the system. Lawyer’s remuneration is also insufficient, the average compensation of lawyers from the duty scheme for each criminal proceeding dealt with is 147,87 €64 - clearly insufficient. Effective Appointment Procedures: The Belgian Salduzweb platform In Belgium, where a duty lawyer scheme is in place, an online platform is used to connect lawyers and suspects or accused persons before their first interview by the police and/or the investigative judge. This system shows true potential to provide effective access to a lawyer in police custody, both as a contact tool and as a data collection tool. 62. Criminal Procedure Code, Art 520.5. 63. According to the XIV Report of the Free Justice Observatory (2020), 38.367 lawyers are ascribed to the rota scheme for assistance in police custody and 34% of issues dealt with by lawyers from the duty scheme correspond to legal assistance to detainees (more than 658.000). 64. XVI Informe del Observatorio de la Justicia Gratuita, 2022. 19