Article 6 (3) (c) 172. This Court may further refer to the case law of the European Court. m distinct of the European Convention of Human Rights indeed contains two minimu himself guarantees for a person charged with a criminal offence. First, right to defend provision in person or through legal assistance of his choosing. Second, the d persons guarantees the right to have legal assistance assigned to accuse them in any whenever the interests of justice so require , and without payment by such case if they do not have sufficient means to pay for it. 6 (3) (c) had 173. In its case law, the European Court has held that a violation of Article of the occurred because the domestic court did not act despite being aware applicant's problems with the appointed lawyer. appeal to the 174. In Artico v. Italy, 15 the Applicant had been granted legal aid for his nt did not in Court of Cassation. The lawyer who had been assigned to the applica other work effect act for him at all and requested to be replaced , claiming t, and the commitments and Ill-health. The court did not respond to that reques l were applicant's numerous subsequent requests to the court for substitute counse to represent denied on the grounds that the applicant already had a lawyer appointed him and was as a result forced to represent himself at the hearing. rights that are 175. Recalling that the Convention was intended to guarantee not larly so for theoretical and illusory , but rights that are practical and effective, particu ratic society the rights of the defence in view of the prominent place held in a democ right to free by the right to fair trial from which they derive , the Court found that the tment legal assistance in Article 6 (3) (c) is not satisfied simply by the formal appoin that the of a lawyer , but requires that legal assistance must be effective. It added his or state must take "positive action " to ensure that the applicant effectively enjoys 16 her right to free legal assistance. 16 Judgme nt of May 13, 1980 16 Artico case, paragraphs 33-35 so