What is Legal Aid?
First and foremost, it should be emphasised that legal aid is a principle introduced to ensure that citizens with insufficient financial means are not deprived of their right to bring legal proceedings. For this reason, persons with inadequate financial resources are exempted from court fees and costs, and a lawyer is appointed for them free of charge by the bar association.
Who Can Benefit from Legal Aid?
It should be noted that persons who are unable to meet, in whole or in part, the litigation or enforcement costs required without significantly jeopardising the subsistence of themselves and their families may benefit from legal aid in their claims and defences, requests for interim legal protection, and enforcement proceedings — provided that their claims are not manifestly unfounded. Likewise, associations and foundations deemed to be of public benefit may benefit from legal aid where they appear to have merit in their claims or defences and are unable to meet the necessary costs in whole or in part without falling into financial difficulty.
What Matters Does Legal Aid Cover?
It should be noted that a legal aid decision provides the relevant person with the following: temporary exemption from all litigation and enforcement costs; exemption from providing security for litigation and enforcement costs; advance payment by the State of all costs to be incurred during the course of the proceedings and enforcement; and, where the case requires representation by a lawyer, the provision of a lawyer whose fee will be paid at a later date. The court may also decide that the applicant shall benefit from only some of the matters listed above.
How Can Legal Aid Be Obtained?
A legal aid application is made by obtaining and completing the attached legal aid application form, and submitting it to the bar association and the court before which the proceedings are to be conducted prior to the filing of the case; to the bar association and the court before which the principal claim or matter is to be decided after the case has been filed; and, in enforcement and insolvency proceedings, to the enforcement court in the place where the proceedings are to be conducted. It should be emphasised that, in the case of appeals, an application must be made to the regional court of appeal or the Court of Cassation. The court assesses whether the conditions for legal aid have been met and issues a decision on the partial or full acceptance or rejection of the application.
How is a Legal Aid Application Made?
A person applying to the bar association for legal aid submits their request to the legal aid office and its representations in the place where the service is to be provided. The legal aid office and its representations request the necessary information and documents from the applicant, including details of movable and immovable property registered in their name, monthly income, family circumstances, and the number of dependants. The applicant is required to substantiate their claim with supporting evidence. The legal aid office and its representations investigate the merits of the applicant’s request and issue a decision where necessary. A person applying to the court for legal aid is required to submit to the court a summary of their claim, together with supporting evidence and documents demonstrating their inability to meet the litigation costs — including details of movable and immovable property registered in their name, monthly income, family circumstances, and the number of dependants. It should also be emphasised that documents relating to a legal aid application are exempt from all fees and taxes. The court may rule on a legal aid application without holding a hearing; however, it should be noted that where requested, the examination is conducted with a hearing.
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