Xpat Opinion: Legal Aid In Hungary
- 29 May 2014 9:00 AM
Legal costs ensued by court proceedings can often escalate to extortionate amounts. For example, Gillhams Solicitors recently reported that a case to determine the financial settlement on the divorce of a couple amounted to "more than £700,000 in legal costs before the arguments on valuations and so on have even started".
Thankfully, there are currently several international law firms with offices in Hungary that are in the process of institutionalizing pro bono practice, although smaller firms and individual practitioners also provide free legal assistance.
Alternatively, the Hungarian Pro Bono Clearinghouse helps link firms with non-profit organizations that are in need of legal aid services. Expats can access the Hungarian Pro Bono Clearinghouse or download the Budapest Business Journal article to receive more information regarding legal aid services in Hungary.
Thankfully, legal aid systems exist in all EU Member States, including Hungary. Although these legal aid systems vary depending on the specific laws of each country, all EU legal aid systems share the same primary objective: ensuring effective access to justice for all. Subsequently, it is possible for you to receive;
• Exemption from or assistance with all or part of the court costs,
• The assistance of a lawyer who will provide pre-litigation advice and will represent you in court, if necessary, either free or for a modest fee.
However, the conditions for obtaining these legal aid services will be dependent upon;
• Your financial resources,
• The type of cases for which legal aid can be granted,
• Any conditions relating to the substance of the dispute.
How To Apply For Legal Aid
In order to find out whether you are entitled to receive legal aid, you must fill in and submit a legal aid application form. You can receive one of these forms at court, the local county office of the Justice Department or you can download a form from the Hungarian Ministry of Justice website. In the case of court proceedings, you will be required to attach a series of documents in order to establish your eligibility to receive legal aid. These include:
• A statement of your personal data
• A statement detailing your current financial situation
• If you are employed you must include a certificate from your employer demonstrating your income at the date of your application for legal aid
• A certificate regarding taxable income received in the calendar year preceding the application
• If you receive a pension, you must include your last postal certificate indicating the amount of your pension
• If you receive unemployment benefit or any other form of continuous social aid, you must provide a certificate stating the period of eligibility and the amount received.
If you qualify for legal aid, you may be able to receive financial aid with several aspects of your court proceedings, including;
• Exemption from court charges,
• Exemption from advance payments and costs to be borne during the proceedings,
• The opportunity to request a court-appointed lawyer.
Furthermore, if you apply for legal aid but do not receive it, you can still appeal against this decision. It is possible to appeal to the Central Justice Department against the decision of the responsible county office rejecting the application, or to ask for a court review against the final decision of second instance of the Central Justice department. Further information regarding the Hungarian system of legal aid can be found on the homepage of the Hungarian Ministry of Justice.
Words by Bradley Taylor for XpatLoop.com
Bradley is a freelance writer from Derby, England, a motoring enthusiast who loves writing about cars and everything automotive but he is versatile and he also writes across a variety of other topics.
You can find him on Google+ and follow him on Twitter.
This opinion does not necessarily represent the views of this portal, your opinion is welcome too via info@xpatloop.com
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