When a fee stands between a legal-aid applicant and a lawyer

Belgium

Nov 2

Contributions for second-line legal aid · Judgment 77/2018

Belgian Constitutional Court · 21 June 2018

A person could qualify for subsidised legal representation in Belgium and still have to find money to appoint a lawyer and begin proceedings. An individual and associations challenged changes to the second-line legal-aid scheme. For a household with little spare income, repeated flat fees could determine whether it was possible to pursue a case.

The remedy and its limit

The Constitutional Court annulled the rules imposing the disputed flat-rate contributions. It assessed the burden from the position of people who qualified for free or partly free assistance. Calling a sum modest did not establish that they could afford it. The judges preserved the effects of contributions already collected in certain cases for which the lawyer had reported to the legal-aid bureau by 31 August 2018.

Identify the charge before challenging it

A legal-aid contribution, a court fee and a private lawyer’s invoice are different charges. Keep the award of legal aid, the payment request, the date and the description of the charge. The ruling dealt with specified statutory contributions. It does not mean every later invoice is unlawful or that all historic payments must be refunded.

Read judgment 77/2018 in French

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When a fee stands between a legal-aid applicant and a lawyer

The remedy and its limit

Identify the charge before challenging it

Why Dutch delivery riders could be employees despite a substitution clause

Why a French judge ordered police drone surveillance in Paris to stop

Equal beforethe law.

The rule of law in practice.

Equal access to work

Hearing the witness

Making an order count

Clarity in your language.

Find help with your case.

ECHR Representation

UK Civil Representation

UK Employment Representation

General Legal Advice

Challenging a public decision?

Planning across borders.

Cross-border tax planning

Wealth management legal support

Book your individual consultation.

Sandor-Laszlo Pal

A structured approachto complex matters.

Define the question.Make the next step reviewable.

Evidence before assumptions.

A practical scope.

Clear responsibilities.

European civil rights& diaspora support.

Commercial disputes& arbitration.

Your rights matter.So does your next step.

Clarity in your language.

A voice for the issuesthat shape your life.

Clarity begins with a conversation.

Different circumstances.Focused legal attention.

ECHR Representation

UK Civil Representation

UK Employment Representation

General Legal Advice

Judicial Review & Public Law

Cross-Border Tax Planning

Wealth Management Legal Support

When the decision is urgent.

Consider a route to agreement.

From your first questionto an informed next step.

Choose your consultation

Bring the essentials

Agree what follows

Make your hour count.

You do not have to work outthe route alone.

Individuals

Businesses

Law firms

Clarity in your language.

Your time.Reserved for you.

One hour. Your questions.Our full attention.

The right consultation.

Wherever you are.

Make the hour count.

Before we speak.

Start in the right place.

Book a consultation.

Request an assessment.

A direct connection.

Equal before
the law.

A structured approach
to complex matters.

Define the question.
Make the next step reviewable.

European civil rights
& diaspora support.

Commercial disputes
& arbitration.

Your rights matter.
So does your next step.

A voice for the issues
that shape your life.

Different circumstances.
Focused legal attention.

From your first question
to an informed next step.

You do not have to work out
the route alone.

Your time.
Reserved for you.

One hour. Your questions.
Our full attention.