Understanding Legal Aid in Spain: Eligibility and Benefits
Legal Aid in Spain: Article 119 EC
Article 119 of the Spanish Constitution (EC) states that “justice shall be free when thus provided for by law and, in any case, for those who have insufficient means to litigate.” This provision ensures access to justice for individuals lacking financial resources and guarantees that no one is procedurally helpless due to a lack of funds.
Right to Legal Aid
Individuals:
The Legal Aid Act recognizes the right to free legal assistance for:
- Spanish citizens
- Nationals of other EU member states
- Foreigners residing in Spain with insufficient means to litigate
Corporations:
Law 1/1996 of January 10, on Legal Aid, extends this right to certain legal entities that demonstrate a lack of resources, including:
- A) Foundations registered with the relevant administrative registry.
- B) Public utility associations, such as:
- Management entities and common services of Social Security.
- The Spanish Red Cross.
- Associations that aim to protect people with disabilities.
Note: Commercial companies are generally excluded due to their focus on private interests.
Requirements for Recognition of the Right
Individuals:
Family Unit Concept: For income calculation purposes, a household comprises at least legally *not* separated spouses and any minor children (except those who are emancipated). This defines the parent and children eligible under the following rules.
- General Case: Individuals whose resources and income, calculated annually for all items and per household, do not exceed twice the minimum wage in force at the time of application.
- Exceptional Cases: In exceptional circumstances, the extent of the law can be total, including all the features that make it up.
- Excess of Legal Module: Exceptional recognition may be granted to individuals whose economic situation exceeds the legal module but who face circumstances that warrant consideration.
- Disabilities: Individuals with disabilities may be granted the right under the same conditions.
- Victims of Domestic Violence or Terrorism: Victims do not need to prove inadequate resources beforehand; expert legal assistance is provided immediately. However, if their right is not subsequently recognized, they must pay the attorney’s fees.
Legal Persons:
Legal entities are considered to have insufficient resources when their taxable income in corporate income tax is less than three times the minimum wage. To prevent misuse, only those litigating to defend their own rights or interests can benefit.
Content of Legal Aid
The material content of the right to legal aid is regulated in Article 6 of the LAJG (Legal Aid Act), including the following benefits:
- Free advice and guidance prior to the process.
- Free expert assistance by personnel assigned to the courts or, alternatively, dependent on the government.
- Free defense and representation by a lawyer or solicitor when legally mandatory or expressly required by the court to ensure equality of the parties.
- Free insertion of edicts during the process.
- Exemption from payment of deposits required for appeals.
- Obtaining free copies, testimonials, instruments, and affidavits, as per Rule 130 of the Attorney General’s Office.
- 80% reduction of duties applicable to public documents.