European Court of Human Rights - case of Kulikowski v. Poland (2009) (excerpts)

European Court of Human Rights - case of Kulikowski v. Poland (2009) (excerpts)

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57. Nevertheless, assigning counsel to represent a party to the proceedings does not in itself ensure the effectiveness of the assistance (see Imbrioscia v. Switzerland, judgment of 24 November 1993, Series A no. 275, § 38). There may be occasions when the State should act and not remain passive when problems of legal representation are brought to the attention of the competent authorities. It will depend on the circumstances of the case whether, taking the proceedings as a whole, the legal representation may be regarded as practical and effective (see, mutatis mutandis, Artico, cited above, § 33; Goddi v.  Italy, judgment of 9 April 1984, Series A no. 76, p. 11, § 27; Rutkowski, cited above; Staroszczyk v. Poland, cited above, §§ 121-122, Siałkowska v. Poland, cited above, §§ 99-100).