NCJ Number
72493
Date Published
1979
Length
16 pages
Annotation
Legal aid has been available to the needy in Spain for almost 200 years, although some obstacles to access to the civil law persist.
Abstract
In Spain all citizens (even gypsies) whose incomes do not exceed twice the minimum wage set by the Ministry of Labor have a right to receive free legal aid. Nevertheless, the mechanics of exemption base the denial of legal aid on external signs of wealth even if the applicant may fulfill all other legal conditions. The value of the exemption is sometimes doubtful as the recipient may have to pay costs if he recovers them in the action or receives more funds within 3 years. The ignorance of the availability of legal aid for some citizens does not appear to be a serious obstacle to access to justice, given the educational and cultural level of the average Spanish citizen. However, Spanish civil procedure suffers from excessive formalism that affects all social classes. The length of the process is a pervasive obstacle; the average duration of a typical trial has been 65 months. Throughout the history of Spanish law reform attempts have been made to alleviate the plight of the poor by exempting them from the payment of legal costs. Basic proposals have reinforced that commitment, with the most recent reform proposals recommending the need to make persons eligible who are not poor in the popular sense, but poor in that they would suffer financially if they had to pay some or all of the costs of prosecuting or defending at law. Recent actions have incorporated the remuneration of lawyers for their work, the use of a revolving roster of lawyers for assigned counsel, and the permission for applicants to choose their own lawyers. The labor process in Spain is one of the most efficient, economical, and rapid ways to obtain access to justice: it works with a specialized clientele, uses primarily oral proceedings, and provides a special body of labor lawyers for the workers using the process. Possible alternatives for the provision of legal assistance that have been suggested include the organization of free legal assistance in clinics located at law schools and a separate body for environmental protection. Included are 53 references.