Page 10 Female Focus
Widely read by men!
Legal Aid in Spain
As foreigners living in Spain it
is easy to forget that we are
entitled to the same rights as
Spanish Citizens, and this
includes entitlement to Legal Aid.
Lawyers working within the Spanish Legal Aid system are
known as “Abogados de Turno de Oficio”. Entitlement to a
Legal Aid lawyer is normally dependent on satisfying certain
financial qualifications, and on being present in Spain legally,
except in the case of deportation proceedings or claims for
asylum.
For people below the retiring age of 65 or who are not disabled
or incapacitated in some way, the income limit for entitlement
to Legal Aid is either a maximum household income of 14.473,20
euros or for an individual no more than 7.236,60 euros.
Pensioners, the disabled, and victims of domestic violence
can take advantage of more liberal financial qualifications. Their
household income can in certain circumstances be up to 4
times this figure.
Victims of domestic violence are not required to prove their
financial entitlement when applying for legal aid.
Lawyers working within the system are divided into various
panels – criminal, civil, administrative, employment, domestic
violence, juvenile etc.
To apply, your application form, or on-line application, is sent
first to your provincial Colegio de Abogados. In the
Comunidad Valenciana the Consejeria de Justicia, Interior y
Administraciones Publicas (Board for Justice, Interior and Public Administration) oversees the system. The Colegio must
respond to each correctly completed application within 15 days of receiving it. If the application is rejected or the Colegio
does not respond within this period then you can apply directly to the Consejeria to resolve the matter, which in its turn has
a further 30 days in which to give its decision.
The appointment of an Abogado de Turno de Oficio also carries with it the appointment of a Procurador, which the Abogado
must use in their administrative dealings with the Court.
A successful applicant has the right to reject the Abogado and
Procurador appointed by the Colegio or the Consejeria and
nominate an Abogado and Procurador of their own choice,
subject to them being on the official panel.
Being granted Legal Aid also carries with it certain other
important benefits including complete exemption from charges
for obtaining copies of witness statements, and a discount of
80% of the cost of notarisation of other documents. Also, if
you need to appeal a decision made against you then you
cannot be required to provide a sum of money as security
while your appeal is being dealt with.
The right to Legal Aid is enshrined in Article 119 in the Spanish
Constitution and is regulated by laws 1/1996 and 16/2005. The
administration of the system in the Comunidad Valenciana is
regulated by the decrees 29/2001 and 28/2003.
If you would like more information on whether
you might qualify for Legal Aid here or in
England and Wales contact Link Point Legal
and business Services on 96 262 0500 or by
email to client@linkpointlegal.com.
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68