Ágnes VáradiVerfahrenshilfe im Zivilprozess

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“Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.” Article 47 of the Charter of Fundamental Rights of the European Union defines the right of the needy to obtain legal aid and the obligation of the State to ensure effective judicial protection.

The aim of the study is to introduce a field, where the expectations stemming from constitutional law are closely connected to the financial-material circumstances of the parties. In order to give the concept of legal aid a uniform theoretical framework, the author analyses the general social context of the institution with help of the methods of “access to justice” movement. Comparing legal history and involving human rights approach the basic concepts of the field can be defined. The next step is to compare the theoretical definition of legal aid in the civil process with the existing forms of aid for procedural costs. The single forms of civil procedural legal aid are described through the conditions of claiming. Not only the objective factors (related to the financial-material situation of the claimant) are examined but also the subjective ones (connected to the attitude of the party).

The conclusions on the case-law and the findings on the features of the current legal regulation provide an ideal basis to emphasize the positive, efficient solutions of the two legal systems. This way also de lege ferenda suggestions can be made, which could contribute to a better access to justice for broader social groups.

Ihr Werk im Verlag Dr. Kovač

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