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Law of 23 December 1993 laying down detailed rules on the legal aid financed by the State
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration that, in order to implement the Article 18, second paragraph, of the Constitution , it is appropriate to lay down new legal rules governing the provision by the State of funded legal aid to reduce the ability to provide support;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
administration: the Steering Board, referred to in Article 3 ;
Levy-free power: the free-to-levy capital of the Article 5.5 of the Income Tax Act 2001 ;
Income: income, as calculated by the Articles 34a to 34d ;
Income data: income data as specified in Article 21, part (e) of the General Law on State Taxation ;
Inspector: the inspector referred to in the Article 2, third paragraph, point (b) of the General Law on State Taxation ;
Framework Law: The Framework Law on self-employed administrative bodies ;
mediation: mediating in a dispute where a neutral mediation expert guides the negotiations between the right-seeking and his other party in order to conduct joint action from their real interests and results for each of them to be published;
mediator: the mediator as intended Article 33a ;
Our Minister: Our Minister of Security and Justice;
Peillyear: the second calendar year preceding the calendar year in which the application for an addition is made;
Council: the legal aid board referred to in Chapter II ;
Advice Board: the Board of Opinion, referred to in Article 6 ;
legal aid: legal assistance for a legal person in respect of a legal interest which concerns him directly and individually, to the extent provided for in this Act and the relevant provisions which are based thereon;
legal assistance provider: the lawyer, the staff member of the provision in charge of the provision of legal aid and the persons referred to in Article 13, first paragraph, point (c) ;
Legal assistance: the provision of legal aid consisting of giving simple legal advice which does not involve representation of the right-seeking person, as well as the provision of information for the purpose of providing such legal aid; analyse and clarify a problem and refer to relevant bodies and legal assistance providers;
right-seeking: the person who, on the basis of insufficient financial standing, is entitled to legal aid or mediation, to the extent that this law and its provisions are governed by it, and the person seeking to claim injury as a victim of a crime against the morals or a violent crime;
addition: the addition for legal aid as provided for in Article 24, first paragraph , or mediation as intended Article 33a ;
power: the average of the yield bases referred to in Article 5.2 of the Income Tax Act 2001 ;
Provision: a control device as defined by the Steering Board Article 7, second paragraph , or 8, second paragraph .
2 [ Red: Expated.]
3 In this law and the provisions based thereon, lawyers shall be understood to mean the persons referred to in this Law. Article 16h of the AdvocateAct .
1 There is a Board for Legal Aid.
2 The Council has its seat in Utrecht and its headquarters in one or more of the general measures of the administration to be notified in each place of work.
3 The Council shall have legal personality.
4 The Board has a board and a board of advice.
5 The board may open a secondary establishment after the approval of Our Minister.
1 To the Head of the Legal Aid Board, the Board shall be appointed. The board shall represent the board in and out of law.
2 The Steering Board shall be composed of a maximum of three members, including a Chairperson. Membership of the Board is incompatible with the membership of the Board of Opinion.
3 The members of the Board shall be appointed for a period of not more than four years. They may be reappointed twice at the end of this period for a maximum period of four years. Our minister is pointing the way to the president.
1 The Board of Governors shall act by an absolute majority of the votes cast. Each member shall have one vote. If the votes cease, the President shall decide.
2 The Management Committee shall, in any case, lay down rules governing its operation, procedures and decision-making as well as the representation of the Steering Board, as set out in Annex II. Article 3, first paragraph .
3 The administration shall, without prejudice to its obligations to Our Minister following: Article 20 of the Framework Law , if requested, to the board of opinion. Article 20 of the Framework Law shall apply mutatis mutandis.
1 The Articles 9 , 11 to 14 , 18 , 20 , 21 , 23 , 39, 1st Member , and 41 of the Framework Law shall apply mutatis mutandis to the Board of Opinion, subject to the understanding that:
a. Remuneration or indemnity as referred to in Article 14 of the Framework Law 'vacancy rate' means any vacancy; and
(b) the Advisory Board, the annual report provided for in Article 18, first paragraph, of the Framework Law together with the annual report of the Board of Management may issue.
2 The Advisory Board shall be composed of a maximum of five members, appointed for a maximum period of four years. They may be re-appointed after the expiry of that period for a maximum period of four years. Our minister is pointing the way to the president.
1 The Board of Advisers shall monitor the general practice of the Board and may advise our Minister on that.
2 In the performance of its mission, the Board of Governors shall address the importance of the Board, including the importance of the proper performance of the tasks conferred upon it by or under the Law.
3 The Council of opinion shall, in any case, lay down rules on its rules of operation, procedures and decision-making.
1 The administration shall have the task of:
to ensure the organisation and provision of legal aid;
(b) to promote the organisation and implementation of mediation and to promote the use of mediation.
2 In any case, the Steering Board shall have a separate provision in charge of granting legal assistance, promoting the use of mediation, referring to a mediator and addressing the other party of the right-seeking person. For the purposes of mediation.
In addition, for the purpose of carrying out the tasks referred to in paragraph 1, the Board shall have the task of:
(a) the taking of decisions on applications for the grant of additions;
b. the fixing and disbursement of fees to legal assistance providers and mediators;
c. the control of activities of legal persons and mediators, insofar as they are not assigned to others in this Act elsewhere;
(d) the conclusion of agreements with registered lawyers or persons referred to in Article 13, first paragraph, point (c) , as well as with mediators;
e. the determination of the carrying force in accordance with the provisions of this Law and, if necessary, to provide a declaration on this subject, in so far as it is laid down by law;
f. to reimburse the person referred to in this Act by the right-seeking with a cross-border dispute as referred to in Chapter IIIa costs incurred.
1 The Steering Board shall ensure that the supply of both legal aid and the provision of mediation is as balanced as possible in the case of the provision of the provision of legal aid. The Steering Board shall be responsible for monitoring the performance of these tasks. The Steering Board shall also ensure the most efficient use of the funds available to it.
2 The Board shall report annually to our Minister on the organisation and work of the facilities adopted by the Board.
At the request of a national or international court or tribunal in any other country, the Steering Board may provide a statement of income and assets to be taken into account in the determination of the carrying capacity. A ministerial arrangement may lay down detailed rules on this declaration.
1 The Steering Board may set up committees for the execution or preparation of certain activities, including members of the Board of the Board.
2 Without prejudice Article 7, second paragraph , the Steering Board may, for the purpose of carrying out its tasks, make one or more provisions.
3 If a provision is made for the provision of legal aid without the issuing of an addition, the carrying force shall be determined by means of obtaining information in the case of the applicant in question. Detailed rules may be laid down in the context of, or pursuant to, a general measure of management.
4 If the provision of legal assistance consists exclusively of the provision of information material or an immediate referral to other bodies other than legal persons or mediators, no account shall be taken of the carrier's ability to provide information. right-seeking.
The Steering Board shall establish a complaint system, where any person who has a complaint about a conduct of an employee of a facility may appeal. This system of complaints needs the approval of our Minister. The approval may be withheld because of conflict with law or general interest.
By way of derogation from Article 15 of the Framework Law the members of the staff of the Board shall be employed by a contract of employment under civil law. The provisions of Title 10 of Book 7 of the Civil Code shall apply to this Agreement.
1 Legal aid is granted only in respect of legal interests lying in the jurisdiction of the Netherlands to natural and legal persons whose financial capacity is the Article 34 does not exceed the amounts specified.
2 Legal aid shall not be granted where:
(a) the application for that purpose is manifested from any ground;
b. the costs associated with the legal aid to be granted are not reasonably proportionate to the interests of the case;
c. the application for that purpose relates to a criminal case and it is likely, on the basis of the infringement, that a fine in relation to the income will be imposed on a low-income basis;
d. The application for that purpose shall be made by a legal person established for the purpose of conducting judicial proceedings;
(e) the legal interest to which the application relates relates to the exercise of an independent profession or business, unless:
1º. continuing the profession or undertaking to the extent that it is not in the form of a legal person, is dependent on the result of the legal aid applied for; or
2º. the profession or company was terminated at least one year ago, the applicant was involved in a proceeding at first instance if the defendant was involved or was involved and the costs of legal aid could not be refunded in any other way;
f. it concerns a legal interest which is submitted to an international college of law or a similar international college with jurisdiction and the college itself provides for legal aid to be entitled to legal aid;
g. it concerns an interest whose representation may be reasonably left to the applicant itself, with the assistance of another person or institution whose activities do not fall within the framework of the scope of this Act.
3 In the case of a general measure of management, detailed rules may be laid down concerning the criteria to be taken into account in accordance with paragraph 2.
1 Without prejudice to the second paragraph, legal aid shall be granted by:
a. Lawyers registered by the Board;
(b) staff members of a provision responsible for the provision of legal aid;
c. Notaries, without prejudice to the provisions of Article 56 of the Law on Notation , court bailiffs and others with whom the Board has entered into an agreement to provide legal aid in certain jurisdictions.
2 Legal assistance shall be granted only by staff members of the provision of the provision of assistance provided for in the provision of a Article 7, second paragraph , or in the case of a device as referred to in Article 8, second paragraph In so far as it is responsible for granting legal assistance, or by any other person with whom the Council has entered into an agreement in accordance with the rules referred to in paragraph 3.
3 The Steering Board shall lay down rules on the conclusion of the agreements referred to in paragraphs (c) and (2) of the first paragraph.
All lawyers in the Netherlands who have applied for this purpose shall be registered by the Board if they comply with the requirements of the Article 15 specified conditions. The Board may lay down rules governing these terms and conditions. These rules need the approval of our Minister.
The rules to be laid down by the Board on the terms and conditions may relate to:
a. the minimum and maximum number of cases for which a lawyer will be added annually;
b. The expertise of the lawyer in certain jurisdictions;
c. the organization of the office where the solicitor is employed;
d. reporting by the lawyer on legal aid granted by him.
In special cases, the board may decide that legal aid will be granted by a lawyer not registered.
The following shall be considered to be a special case:
a. the express and motivated wish of the right-seeking, to be assisted by a particular lawyer;
b. The need for assistance by a lawyer who has specific expertise in a given legal area.
1 The registration shall be removed by the Board in the event of a loss of the status of solicitor.
2 In addition, the Board may forward the invitation to tender:
a. if the solicitor has not fulfilled or no longer meets the conditions prescribed for the registration;
b. If, in its opinion, it has been sufficiently established that the lawyer's legal assistance does not satisfy reasonably requirements of efficiency or care;
c. if a measure is imposed on the lawyer as referred to in Article 48, second paragraph, points (a) to (c) of the AdvocateAct or Article 60aa, second paragraph ;
(d) if, in its opinion, it has been sufficiently demonstrated that the lawyer has repeatedly supplied false information for the purpose of determining the remuneration;
e. if the lawyer does not comply with the requirements of the lodging of an application for an extension;
f. if the lawyer fails to meet the requirements of the establishment and the manner in which an application for the award of the allowance is lodged.
For the purposes of this Chapter:
a. Directive: the Directive 2003 /8/EC the Council of 27 January 2003 on improving access to justice in cross-border disputes, by common minimum rules concerning legal aid in cases of such disputes;
b. Member State: Member State of the European Union with the exception of Denmark.
1 The provisions of this Section apply solely to the provision of legal aid to a natural person in a cross-border dispute in the field of civil law or commercial law which is his rightful place of residence having a legitimate habitual residence in another Member State.
2 A cross-border dispute shall mean a dispute in which on the day of lodging the application for legal aid for the purpose of dealing with the case in the Netherlands or the enforcement of the decision in that case, the case in the Netherlands, the right-seeking person has a legitimate domicile or habitual residence of a person in another Member State.
3 In order to establish whether a legal residence is domicile in the Netherlands, Dutch law is applied. Where the person seeking the right is not domicile in the Netherlands, the person concerned shall be resident in another Member State for the purposes of determining whether the person concerned is domicile in that Member State.
1 If the particular factual or legal complexity of the case or the equality of the parties required may, by derogation from Article 12, second paragraph, point (g) -Legal aid is granted.
2 The first paragraph shall apply mutatis mutandis if the Steering Board grants an addition to a charge by the court.
3 Legal aid does not need to be granted if the legal person in the dispute effectively has access to other arrangements for the protection of legal aid and the costs of legal aid Article 23e Such costs.
4 Article 33, first paragraph, point (c) , does not apply.
Despite the applicability of Article 34 shall be granted legal aid or shall be provided in accordance with Article 23e where the applicant shows that he is unable to bear the costs of legal aid as a result of the differences in the cost of living between the Member State in which he is resident or habitual residence, and Netherlands.
1 Without prejudice to the costs to be reimbursed pursuant to this Law, the costs of the proceedings shall be reimbursed by the Board of the Court for those who are directly connected to the cross-border nature of the dispute, and to the extent to which they are subject to the law. those costs, other costs which are not costs, have been incurred for the purpose of seeking the right and have been paid for the purpose of the legal person and have been paid by the legal person:
a. The costs of interpreting, insofar as they are registered in the register of quality in ' s-Hertogenbosch;
b. the costs of translation by a sworn translator of the documents required for the judgment of the case and required by court or administration and presented by the court seeking justice;
(c) travel expenses, provided that in the case of the applicant, the attendance of the persons concerned is open to the law or by the courts at the hearing and the judge considers that the persons concerned are not otherwise satisfied with the right of the court to take the right to travel; can be heard; and
d. 50% of the fees of persons acting on behalf of the court in the proceedings.
2 As far as possible, the Board shall arrange for the translation of the documents referred to in point (b) of paragraph 1.
3 The amount of the reimbursement of travel expenses referred to in subparagraph (c) of paragraph 1 shall be calculated in accordance with Article 25 of the Legal Aid Decision 2000 .
4 The amount of the fee of the fee of the persons referred to in paragraph 1 (a), (b) and (d) shall be calculated in accordance with the provisions of the Law Registry on Civil Matters .
Without prejudice to the applicability of the provisions of this Act, legal aid shall also be granted in a cross-border dispute:
a. for the enforcement of the decision of the judge in the case dealt with in the Netherlands;
b. If, by law or by a court ruling, the right-seeking is required to make use of an out-of-court procedure;
c. for the implementation of authentic instruments in the Netherlands.
A ministerial arrangement shall specify the language or languages in which the application for legal aid may be made.
If in the Netherlands the recognition, non-recognition or enforcement of a judgment of the court of another Member State is requested by a person seeking a right who is domicile or habitual in a Member State other than the Netherlands place of residence as intended Article 23b, third paragraph , has and from whom the main activity was dealt with in a Member State other than the Netherlands, under the Directive, in which Article 23i, first paragraph , Legal aid has received the Articles 23c to 23g applicable mutatis mutandis.
(1) In the case where the Directive applies, the Court of First Instance shall be entitled to the right-seeking, who shall, on the day of the application for legal aid for the purpose of examining the case in a Member State other than the Netherlands, shall be entitled to legal domicile or lawful habitual residence as referred to in Article 23b, third paragraph , in the Netherlands, legal aid has been granted until the application for legal aid in accordance with the said Directive has been received by the competent authority of the Member State in which the matter is to be dealt with.
2 Article 23b, third paragraph , is applicable.
(3) In the cases referred to in paragraph 1, legal aid shall not be granted unless the application for that purpose is manifestly unexposed to any ground.
4 The provision of legal aid provided for in paragraph 1 shall consist exclusively of the grant of legal aid or the grant of an address extension
5 The Steering Board shall send the application within 15 days of the application and accompanying documents translated to the competent authority in the Member State in which the case is to be handled, unless the legal aid is not provided for by the third paragraph was granted. The Steering Board shall arrange for the translation of the application and the necessary accompanying documents to be translated as soon as possible after receipt of the application. The cost of translation shall be borne by the Board.
6 The right-seeking shall not be liable for the expenses of the actions of the Steering Board referred to in the fifth paragraph. If the competent authority in the Member State in which the case is to be examined rejects the application for legal aid, the applicant shall be entitled to the costs of translation to the Board of Management.
If, in the Netherlands, recognition, non-recognition or enforcement of a judgment of the court of another Member State is sought by a person seeking a right of permanent residence or a legitimate place of habitual residence in the Netherlands, Intended in Article 23b, third paragraph , having received legal aid pursuant to the Directive, the main proceedings in another Member State are the Articles 23c to 23g applicable mutatis mutandis.
In the case where the Directive applies, the provisions of the Directive shall apply in the case of: Divisions 1 and 2 of Chapter IIIa Subject to derogation from other agreements between the Netherlands and the Member States, and by way of derogation from the Convention of 25 October 1980 on access to justice in international cases (Trb. 1989, 114).
1 The Steering Board shall decide on the application for an addition for the purposes of:
a. Legal aid by a lawyer;
(b) Legal aid by an employee in the service of a provision, unless it concerns an employee of the provision of the provision of assistance, Article 7, second paragraph , or of a device as referred to in Article 8, second paragraph , in so far as it concerns the granting of legal assistance;
c. Legal aid by persons referred to in Article 13, first paragraph, point (c) .
2 An application for an addendum to an establishment of the council in the area of jurisdiction of the legal assistance office, including on behalf of the right-seeking person, shall be submitted by the person entitled to the benefit of the right-seeking authority. The application shall be made on behalf of the right-seeking person, signed by the legal assistance provider.
3 The application for an addition contains a sufficient definition of the facts and circumstances of the legal problem for which legal aid is requested, the land to be established or an indication of the work on the basis of the the addition necessary to deal with the legal problem.
4 The legal assistance provider may refuse to accept the addition only with the agreement of the Board of Directors. As long as the addition has not been amended or repealed, it shall be required to provide the necessary legal aid.
5 The addition shall indicate a description of the legal interest in respect of which the addition has been granted. The decision shall also specify the amount of the own contribution, which is to be paid on the basis of the Article 35 is owed.
1 In the case of a general measure of management, types of cases qualify as cases where legal aid consists of giving a simple legal opinion.
2 If it is clear that the addition in a case where legal aid consists of providing a simple legal opinion is not sufficient to provide legal aid in that case, the legal assistance provider shall apply as soon as possible. a modification of the addition to.
1 To the extent available in the application for an addition at least the citizen service number of the applicant and of the persons referred to in Article 34, third paragraph -That's right.
2 In case of an application from a foreigner whose civilian service number is not available, our Minister shall, at the request of the Board, provide the information necessary for the assessment of the application.
3 The inspector shall, at the request of the Board, provide the amount of funds exceeding the charge-free capacity of the right-seeking and those referred to in Article 3 (1). Article 34, third paragraph . To the extent that a right-seeking person or of those referred to in Article 34, third paragraph, no power or income data is available, the inspector shall, at the request of the Board, provide, if possible, the amount or income shown in the year as best as possible.
4 In cases where the inspector does not have the power or income data referred to in paragraph 3, the applicant shall provide documents on the basis of which it is able to determine the amount of capital or income.
5 With a view to determining the financial capacity and the level of the applicant's own contribution, information shall be provided, at the request of the Board, on the right-seeking and the persons with whom the person concerned has been registered. the right-seeking conduct a joint household attitude as intended Article 34, third paragraph .
6 In the case of a general measure of management, detailed rules may be laid down on the particulars and documents to be submitted when applying for the application of the civil service number to those whose income or assets is involved in the application of the Assessment of the application.
The Steering Board may, before deciding on the application, hear the right-seeking if it considers it necessary for the purpose of assessing the application or the financial capacity of the trial seeking justice. The Board of Management may also, unless the interests of the applicant are opposed to it, allow the counterparty to present its position.
1 The Steering Board may refuse to accept the addition if the application:
(a) has been lodged after legal aid has actually already been granted;
(b) refers to a legal interest in respect of which the applicant is entitled to legal aid on the basis of an addition previously issued;
c. is a legal issue which, in the opinion of the Board of Management, can be easily handled;
d. a legal issue relating to the provision of supplies, Article 7, second paragraph , or by a device as referred to in Article 8, second paragraph In so far as it is responsible for granting legal assistance, it is possible to deal with it.
2 At the time of Article 12, third paragraph , as a general measure of management, it is possible to lay down the detailed rules laid down in paragraph 1 of this Article.
3 The first paragraph, points (a) and (c), shall not apply where it is an addition to a case where legal aid is made up of a simple legal opinion. However, the Steering Board may refuse an application for this addition if the application has not been submitted within four weeks of the submission of the opinion.
1 A copy of the decision to add shall be submitted as soon as possible, but in any case before the final judgment has been made to the court for whom the case is to be made.
2 If the legal assistance provider has not submitted the addition to the court in accordance with paragraph 1 and as a result has not been applied to Article 57b, First paragraph, of the Code of Civil Procedure or Article 8:75, 2nd paragraph, of the General Law on Administrative Law , the amount to be deducted as compensation is the amount that the counterparty has to pay in a procedure after a conviction in the litigation costs to the court.
3 If on the basis of the General administrative law an objection or an administrative appeal is lodged and the person concerned does a reimbursement request, a copy of the decision shall be made as soon as possible, but in any case before the administrative board has objected to it. (i) whether the professional body has decided on the appeal, submitted to that administrative or professional body.
1 In cases of urgency, the Steering Board shall grant a provisional addition. The Steering Board shall decide, as soon as possible thereafter, on the final addition; this Decision shall take effect with retroactive effect on the place of the provisional addition.
2 In granting the provisional addition, the Steering Board shall establish the applicant in accordance with Article 4:5, 1st paragraph, of General Law governing law a period within which it must have submitted the information necessary for the evaluation of his application for a definitive addition.
The addition shall apply only to the legal interest in respect of which it has been granted and, in the case of a procedure, for its treatment in a single body, including the enforcement of the judgment.
1 The Steering Board may amend, terminate or revoke the addition, other than on the request of the applicant, if:
(a) has been granted on the basis of incorrect or incomplete information as to the nature or importance of the case, the applicant's financial capacity or residence;
(b) the applicant refuses to cooperate in order to ensure that he is responsible for the proper defence of his case;
(c) the applicant fails to comply with his own contribution and any other costs which have been incurred, or of any advance payment, to it;
d. indicates that another addition includes the legal interest for which the addition has been granted.
2 The added legal assistance provider may withdraw from the case after the termination or revocation of the addition.
3 If the addition is terminated or withdrawn on the basis of a situation as referred to in paragraph (a), the Steering Board may pay the amount of the allowance referred to in paragraph 1 above. Article 37 , claim from the right-seeking, unless the grant of the fee on the basis of Article 4:48, first paragraph, point (c) or (d) of the General Administrative Law Act has been withdrawn or amended or reimbursed on the basis of Article 4:46, second paragraph, point (c) or (d) of the General Administrative Law Act is fixed either lower or the fixing of the fee on the basis of Article 4:49, first paragraph, point (b) of that Act has been withdrawn or amended to the detriment of the legal assistance provider.
Mediation for the application of this Act shall be carried out in accordance with Article 33b registered mediators.
1 All the mediators in the Netherlands who have submitted an application for this purpose shall be registered by the Board if they comply with the conditions laid down by the Board. The Board may lay down rules governing these terms and conditions. These rules need the approval of our Minister.
2 The first paragraph shall apply mutatis mutandis to mediators from other Member States of the European Union, with the exception of Denmark, which does not hold an office in the Netherlands.
The rules to be laid down by the Board as intended Article 33b, first paragraph , with regard to the terms and conditions, may relate to:
a. The professional competence requirements attached to the mediator;
(b) the level of bondage to professional ethics and professional practice generally accepted by the profession;
c. the manner in which violations of the general standard on occupational ethics and professional practice are handled;
d. the cooperation by the mediator for investigations into the operation of mediation and evaluation;
(e) reporting by the mediator of the work he has carried out;
f. professional indemnity insurance;
g. the organization of the office where the mediator is employed.
1 The board may pass the tender if the mediator has not fulfilled or no longer meets the conditions required for the registration.
2 Article 17, second paragraph, point b, d, e and f , shall apply mutatis mutandis.
1 The Articles 12, excluding the second paragraph, parts c, d and f , 24, second to fifth members , 25 to 27 , 28, first and second members , and 30 to 32 shall apply mutatis mutandis to the provision of an addition for the purpose of mediation. The application for an addendum shall be subject to the agreement in which the applicant and his other party have declared a mediation.
2 Article 33 shall apply mutatis mutandis to the addition for mediation with the exception of the first paragraph, point (d).
3 Section 1 of Chapter V and the Articles 37, first, second, third and fifth members , 37a to 38 and 41 shall apply mutatis mutandis for the determination of the carrying capacity and the own contribution of the legal applicant to whom an addition has been granted for mediation and for the determination of the costs of mediation.
4 The Articles 46 and 47 shall also apply mutatis mutandis.
1 Legal aid according to the provisions of this Law is granted to those whose income is € 21 800 per year [ Red: from 1 January 2016: € 26,000] or less, if they are single, or, if they have one or more others. common household, not exceeding € 31 000 [ Red: as of 1 January 2016: € 36,800].
2 By way of derogation from the provisions of paragraph 1, legal aid shall not be granted where the right-seeking has a power which exceeds the amount of the duty free of charge.
3 In determining the income and property of the right-seeking, subject to the case of mutually contradictory interests, account shall be taken of the income and assets of:
a. The spouse or registered partner of the right-seeking person, unless it is permanently separated from him at the time of application;
b. The person of different or equal sex with whom the right-seeking carries a common household attitude, unless a blood relationship exists at the time of application in the first or second degree between this and the right-seeking.
4 The income limits referred to in paragraph 1 shall be adjusted annually from 1 January each year by the percentage by which the index of earnings deviates from the corresponding index on 31 October of the preceding year from the corresponding index on 31 October in the the preceding year, subject to rounding to the adjacent multiple of EUR 100. Our Minister makes every year the indexed amounts by publication in the State Gazette. A general measure of management shall determine the terms of the index of wages referred to in the first sentence.
1 The income of the right-seeking is the income given in the peil year. To the extent that no income data is available from the right-seeking, the term 'income' refers to the amount as close as possible to the income in the year, or to it by the board on the basis of the data presented by the right-seeking. fixed amount of income. If an income given over the poll year is available that deviates from the income previously applied or the amount, referred to in the second sentence, has the effect of granting or failing to add or increase the amount of the income from the on his own initiative, the Board of the Government shall take its own motion that the decision is taken as the basis of the decision taken. Article 34d, first paragraph, third sentence , is applicable.
2 If, on the basis of its own motion for a decision of the Board referred to in paragraph 1, the right-seeking is liable for a higher own contribution, he shall be liable to pay more to the Board. If the applicant is liable to have a lower own contribution or not to pay his own contribution, he may recover the excess from the administration. No charges and charges shall be reimbursed on the amounts to be paid or recovered. Article 34f shall apply mutatis mutandis.
3 The power is the power in the gauge year. The first paragraph shall apply mutatis mutandis.
4 In the case of a general measure of management, detailed rules may be laid down for determining the income and the assets to be taken into account for the financial capacity.
Article 34a shall apply mutatis mutandis to the determination of the income and assets of a person other than the right-seeking person as intended Article 34, third paragraph .
1 If, in the year in which the application for an addition has been made in income or assets, the Board shall, upon application by the right-seeking, take a decision based on the income or ability in the year in which the An application has been made. Article 25, third and fourth members , shall apply mutatis mutandis.
2 The term "loss of income or wealth" means a reduction in the income or assets by at least 15% as compared with the rate of each year.
3 The application shall be submitted to the Steering Board within six weeks of the publication of the Decision in which it is decided on the application for an addition.
4 The application shall produce a statement explaining the cause of the fall in income or capital.
1 If the Board of Management is the application, Article 34c, first paragraph , has not declined, the board assumes if an income given over the year of the application is available that deviates from the income previously applied or the amount referred to in Article 34a, first paragraph Second sentence, which has the effect of granting, on the Commission's own initiative, the addition or non-provision of an addition or the level of the own contribution payable by the applicant, which is to replace the decision previously taken, intended to be Article 34c First paragraph, except that this decision does not exceed a higher income given in the case of the one year in the case of the case of Article 34a, first paragraph . The preceding sentence shall apply mutatis mutandis to the assets in the year of application. The decision has no effect on the decision granting and fixing the fee, as well as for the right of the legal practitioner to make the own contribution resulting from the carrying force as calculated in the decision previously taken. the progress.
2 Article 34a, second paragraph , shall apply mutatis mutandis.
3 In the case of a general measure of management, the cases in which the administration may decide to grant an addition, where the estimated income or assets are the limits, may be determined by the Governing Council. Article 34, first and second paragraphs , if the fall in income or capital is less than 15%. In such cases, the own contribution shall be the same as that provided for by the general measure of management, as referred to in the Article 35, second paragraph The highest possible own contribution.
1 The decision on the objection to the decision on the application for an addition is deemed to include the decision on the application, referred to in Article 34c, first paragraph .
2 If the application is intended to Article 34c, first paragraph , is submitted later than the notice of objection is by way of derogation from Article 7:10 of the General Administrative Law the period within which the Steering Board shall decide to commence receipt of the application.
3 If the notice of objection has been submitted later than the application for the deposit of the pensive year, the time limit within which the board must decide on the application for the payment of the penage shall be suspended until such time as the objection is decided.
1 The legal person is the amount paid by the Board in the context of the provision of legal aid to the legal assistance provider owed to the Board, if the legal person seeking court under the decision, referred to in Article 34d, first paragraph , not entitled to the provision of legal aid.
2 The Board shall recover the amount referred to in paragraph 1 of the Court of Law of the Court, unless serious circumstances preclude such action.
3 When determining the time limit or time limits to be paid, the Board shall take into account the ability to provide the right-seeking person.
4 In the absence of full payment, the board may after a notice of formal notice referred to in Article 4:112 of the General Law governing the administrative law Enforcement of a compulsory order as referred to in Article 1 Article 4:114 of the General Administrative Law .
1 Unless serious circumstances preclude such action, the addition shall be withdrawn with retroactive effect if:
a. The legal person seeking legal assistance can recover stories by a third party; or
(b) at the time of the final settlement of the case for which that supplement was granted, the outcome of the case as a result of that case has a claim for a sum of 50% of the amount of the levy-free assets.
2 The first paragraph, (b), does not apply in matters relating to criminal law and the law of aliens.
3 Article 34a, second paragraph, second, third and fourth sentences , and Article 34d, first paragraph, third sentence , shall apply mutatis mutandis.
1 Unless otherwise provided for in the case of a general measure of administration, the right-seeking shall be responsible for making its own contribution to the provision of legal aid.
2 The rules governing the own contribution, as well as the level of own contribution, shall be determined by a general measure of management.
Legal aid shall be granted to legal persons in accordance with the provisions of this Act, if the legal person cannot reasonably be expected to pay the costs of legal aid on their own funds or income, including understood contributions of members or concerned, as well as subsidies from the government. Article 35 shall apply mutatis mutandis.
1 The board of directors shall provide a grant, named fee, to a legal assistance provider for:
a. Legal aid granted by him on the basis of an addition;
(b) Legal aid granted by him in a case where legal aid has been granted by a legal person under a rule adopted by the Board for the provision of legal aid for the exchange of legal aid in respect of a general measure of management of cases to be known.
2 The allowance shall also include the other costs relating to the provision of legal aid and the turnover tax payable in respect of the reimbursement of a general measure of management.
3 The own contribution fixed for the right-seeking shall be deducted from the allowance referred to in paragraph 1.
4 In the case of registered lawyers, an advance shall be granted periodically.
5 In the case of, or under a general measure of management, rules may be laid down concerning:
a. the amount of the allowance and the way in which this amount is determined;
b. the application for the fee and the decision-making process;
c. the conditions under which the compensation is granted;
d. the obligations of the legal assistance provider;
e. the fixing of the fee;
f. the modification of the fee;
g. the provision of advance payments;
h. payment of the fee;
Compliance.
Where a legal person receives a total or partial financial contribution for the provision of legal services, a lawyer who has a service governed by private law or public law in respect of that legal person shall not be entitled to a person who is responsible for the provision of legal services. compensation granted in so far as the legal aid granted by him on the basis of an addition can reasonably be regarded as a legal service for which a pecuniary contribution has been received.
1 The board may provide grants to a legal assistance provider or a consortium of legal assistance providers for special purposes and projects for the purposes of the provision of legal aid.
2 The Steering Board may lay down a subsidy ceiling for the activities for which grant aid may be granted.
3 The Steering Board shall lay down rules for the provision of grants as referred to in paragraph 1.
4 These rules contain in any case:
(a) an impact on the activities eligible for the grant;
(b) a detailed description of the obligations attached to the grant;
(c) the time limit which is to be taken into account when applying for the granting of the grant of the grant;
d. the obligations attached to the grant;
(e) the time limit to be taken when the application for the grant of the subsidy is lodged;
f. the manner in which and the period within which the available amount is distributed.
5 The rules to be adopted by the Board require the approval of Our Minister.
The Steering Board may provide a grant for special purposes and projects for the purposes of the provision of legal aid. Article 37b, second to fifth paragraphs , shall apply mutatis mutandis.
1 The right-seeking person shall be obliged to make his own contribution by way of law to the person granting him the legal aid. Otherwise, he shall not be liable, except in respect of costs which have been incurred in particular for the purposes of his case, in so far as they are based on the Article 41 may be charged to him.
2 The following: Article 35 the amount of the own contribution payable does not exceed the amount of the compensation to which the legal assistance provider as a result of the claim Article 37 right.
3 The right-hand person shall give the right-seeking advance as best as possible about the costs associated with him in the legal aid to be granted. He may require that the applicant pay an advance payment in order to obtain the recovery of his own contribution and the other costs relating to the case which are borne by the court.
4 If the right-seeking remains reluctant to pay for expenses and reimbursement for expenses, the amount of such compensation payable to the legal assistance provider shall be determined by the President of the district court. where the legal assistance provider is established.
5 The own contribution referred to in paragraph 1 shall automatically be payable to the provision made by the Board for the provision of legal aid, if the legal aid has been granted by the staff of that provision.
At the Article 37, fifth paragraph , as a general measure of management, rules are imposed on charges for services provided by bailiffs and, in criminal proceedings, by interpreters, as well as the payment of statutory fees for services provided by bailiffs and, (i) order or order in the day or newsleds, or notices placed in the newspapers.
The right-seeking is not liable for the release of an exploit or the establishment of a report in a case in which legal aid is granted under this Law, or for assistance in the execution of the person in question. Judgment given such a case.
1 At the time of Article 37, fifth paragraph , as a general measure of management, rules shall be laid down concerning the costs incurred for the purposes of the case and which may be charged by the legal assistance provider.
2 The general measure of administration may also lay down rules on the information to be submitted by the legal person's authority to the Board of Management on:
a. The costs charged to the applicant in excess of their own contribution;
b. the time spent on the case;
c. the manner in which the case has been dealt with.
1 Our Minister provides the Board with a grant for the implementation of statutory tasks of the Board and of the Board of Opinion.
2 By way of derogation from Article 4:21, third member, of General Law governing law Title 4.2 of that Law shall apply.
3 The grant shall be granted per financial year.
4 Section 4.2.8 , except the Articles 4:71 and 4:72, first, second, fourth and fifth members, of the General Law governing law shall apply, subject to the following:
a. the corresponding Article 26 of the Framework Law the budget to be sent relates to the financial year and the Secretary of State shall take account of the date to be taken pursuant to that Article. Articles 4:60 and 4:61 of the General Law governing law ;
b. by way of derogation from Article 4:63 of the General Administrative Law on the content of the budget Articles 27 and 28 of the Framework Law apply;
c. the activity report, referred to in Article 4:80 of the General Administrative Law It is to be included in the annual report referred to in Article 18 of the Framework Law .
1 In the case of, or under general management, rules shall be laid down concerning:
a. the information which our Minister provides to the Board for the purpose of drawing up the budget, and at what point in time, that information shall be given at the latest;
(b) the period of time when the application for the granting of the grant of the grant is complied with;
(c) the particulars or documents to be submitted when applying for the grant of the grant;
d. the requirements to be met by the budget:
e. the manner in which the grant is determined;
f. the granting of advance payments;
g. the cases in which the Board provides a fee for equity formation as intended Article 4:41 of the General Administrative Law as well as the calculation of the calculation of the fee;
h. the size and replenishment of the equalization reserves and the use of surpluses;
i. the other liabilities attached to the grant;
(j) the time limit for the submission of the application for the determination of the grant;
k. the time limit within which our Minister decides on the application for the determination of the grant;
(l) the examination by the auditor, of the order of Article 4:78 of the General Administrative Law ;
m. the other requirements to be met by the financial report and the activity report.
2 Our Minister proposes an indication of the scope and intensity of control, as intended. Article 4:79, 2nd paragraph, of the General Law on Administrative Law -I'm sure.
1 The Steering Board may provide, for the purpose of carrying out its tasks, a grant to one or more provisions.
2 On the grant, which is provided for each financial year, Section 4.2.8 of the General Administrative Law applicable.
3 The Steering Board shall lay down rules on the grant of the grant, which shall in any case include provisions on:
(a) the period prescribed for the submission of the application for the granting of the grant of the grant;
b. the granting of advances;
c. the cases in which the provision is a charge for capital formation as intended by Article 4:41 of the General Administrative Law as well as the calculation of the calculation of the fee;
d. the acts referred to in Article 4:71 of the General Administrative Law , for which the provision is subject to the permission of the Board;
(e) forming an equalisation reserve through the provision of supplies;
f. the other liabilities attached to the grant;
g. the time limit set at the time of submission of the application for the determination of the grant;
h. The audit by the auditor, referred to in Article 4:78 of the General Administrative Law .
4 The board shall establish an indication of the scope and intensity of the control, as referred to in Article 4:79, 2nd paragraph, of the General Law on Administrative Law -I'm sure.
5 The rules to be laid down by the Board for the grant of a provision shall be subject to the approval of our Minister. The approval may be withheld because of conflict with law or general interest.
6 As far as necessary for the purpose of the examination by the auditor, Article 4:78 of the General Administrative Law , the device shall provide the personal data of legal-seekers to the auditor.
1 The Steering Board may provide financial support for special purposes and projects for the purpose of carrying out its task.
2 The second to fifth members of the Article 37b shall apply.
1 Legal aid is free of charge in cases where under any legal provision in the Penal code or the Code of Criminal Procedure to the defendant or the convict on the charge a counsellor is added by the board, without prejudice to the Article 49 of the Code of Criminal Procedure Some.
2 The first paragraph shall apply mutatis mutandis to legal aid provided for in:
c. Article 65, first paragraph, of the Penitentiary Principles Act ;
ed. Article 70, first paragraph, of the PrincipLaw of the Judicial Youth ;
e. Article 52, third paragraph , and 64, second paragraph, of the Law Transfer Enforcement Sentencing ;
f. the Article 8, third paragraph , 22, 1st Member , and 41a, sixth member, of the Special Withdrawals Act in psychiatric hospitals ;
g. Article 62, first paragraph, of the Principles Act, nursing at the disposal of the ;
1 To persons covered by the Penal code or the Code of Criminal Procedure being able to assist a counsellor, the board can add a lawyer.
2 The own contribution shall not be payable if a case ends without the application of a penalty or measure or without application of Article 9a Code of Criminal Law . The legal assistance provider shall refund the person's own contribution to the right-seeking, unless it has not yet fulfilled its own contribution.
3 The board is empowered to make no own contribution to the addition of a counsellor to those who otherwise than as a suspect or convict under the Penal code or Code of Criminal Procedure to assist.
4 Regardless of the carrying force, legal aid to a victim of a crime against the morals or a violent crime is a victim of a victim of a criminal offence, if the victim is the result of that crime. died, free of charge, if proceedings are brought in the relevant case and the victim shall, on the other hand, be subject to the following conditions: Article 3 of the Law for damages-violent crimes to be eligible for benefit.
1 If a defendant has been assisted in a criminal case by a counsellor added at the time of the provision of legal aid, no charges shall be provided by counsel as intended for the benefit of the own contribution. in Article 591a, second paragraph, of the Code of Criminal Procedure Unless the addition, other than after an application submitted for that purpose, is withdrawn or terminated.
2 In the case of a court 's charge a counsellor is added, no charge fee shall be awarded in accordance with the first paragraph if the addition on or after the judge' s judgment following a request from the defendant to the Judicial authority which has provided a charge shall be withdrawn or terminated.
1 The supervision of compliance with the obligations imposed by or under this law to the recipient of the grant of the subsidy shall be entrusted to the persons designated by the decision of Our Minister.
2 The supervisory authority does not have the powers specified in the Articles 5:18 and 5:19 of the General Administrative Law Act .
3 Of a decision referred to in paragraph 1 shall be communicated by placing in the Official Gazette .
4 allowances to be paid by our Minister to benefit from the subsidy are the obligation that the recipient of the subsidy should grant to a supervisor all the cooperation it can reasonably claim to a supervisor. in the exercise of its powers.
Article 10, first paragraph, of the Aliens Act 2000 does not apply to the claims of legal aid in accordance with this Act.
The nomination for a under Article 12, third paragraph , 34a, fourth member , 35 and 37, fifth paragraph , established general measure of governance is not done than after the design in the Official Gazette has been published and has been given the opportunity to inform our Minister within four weeks of the date on which the publication is made. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
1 This Act shall enter into force from the day following the date of issuance of the State Sheet where it is placed.
2 With effect from the same date, the Legal Aid Act shall be repealed with regard to equity and liability, it being understood that the latter act and the provisions adopted thereto, by way of derogation from the provisions of Article IV of the Law of 22 December 1983, amendment of the Legal Aid Act to non-capital persons, of the Law of Civil Procedure and of the Law Registry on Civil Matters continue to apply to legal aid granted to a right-seeking under a decision taken before that date.
This law can be cited as: Law on legal aid.
Burdens and orders, which are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given in Gravenhage, 23 December 1993
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Secretary of State for Justice,
A. Kosto
Issued the thirty-first December 1993The Minister of Justice,
E. M. H. Hirsch Ballin
