International Advocacy - Mevr. mr. drª Marian Aletta Does

FREE ACCESS TO JUSTICE / ACCESS TO FREE JUSTICE /
ACCESS TO FREE LEGAL AID / ASISTENCIA
JURÍDICA GRATUITA


The financial/economic dispositions for a citizen to benefit in Spain, during
the course of 2015, from free legal assistence, - that is; not having to pay for
the services of an advocate in accordance to Ley 22/2013 of 22.12.13 - have
not changed.

The requirements depend on the IPREM (Public indicator of income for multiple
effects), like in situtation to be allowed to apply for financial aid, university &
other schooling subvencions or financing, and thus also in order to
be able to benefit from free legal assistance, assistencia jurídica gratuita.

This IPREM - value is used to calculate the amount of income that is not to
surpass / not to be higher than an amount 'x', if one wishes to apply for and to
benefit from the services of a STATE-PAID sollicitor/advocate. (The spanish
do not differenciate in sollicitors, lawyers, advocates & barristers).

The right to have access to free legal assistence, in acordance to art. 3 of the
here above mentioned law / IPREM; the brut economic income is not to be
higher than:
a). Twice the IPREM at the moment of presenting the request, when the person
does not form part of a familiy unit.
b). Two and a half times the IPREM for a person who does belong to a family
unit with less than 4 family members.
c). Three times the IRPEM amount for those who pertain to a family unit
composed of 4 of more family members.

A ´family unit' is composed of:
- a couple, not legally separated/divorced with minors living with them.
- formed by a father or a mother with minor children living with them.
It is important to know that for calculating the IPREM amount ALL income
of members of the family unit are taken into account.

This implicates that:
I. when the requesting person does not form part of a family unit (cq. an
unmarried adult; a divorced without children; a widow with adult children,
etc.) the gross income may not be higher than € 1.065,02 euros per month
/ € 12780,24 brut yearly income.

II. when the requesting person forms part of a familt unid of 3 or less
(cq. a childless married couple, a married couple with a minor child; a
divorced with 2 children etc.) their brut incume may not be higher
than € 1.331,28 euros per month / € 15.975,35 36 euros yearly.

III. when the legal aid requesting belongs to a family unit of 4 or
more members (cq. a married couple with 2 children etc) the
monthly brute income may not be higher than € 1.597,53 euro
that is € 19.170,35 euro income per year.


ALSO important is to know it that is the local respective (provincial)
Law Societies, - and not the STATE - who decides this matter of
adjudication on the basis of the necessary documents to be introduced
at their offices.

The provincial Law Society then, yes or not, will allocate on of their,
finger picked, list of advocates, as not all inscribed advocates in the
same provincial Law Society appear to be 'allowed', - in these times of
economical crisis - to be benefit of this STATE-FINANCED system
for the rendering of legal services.

Thus depriving the other duly inscribed advocates of this STATE-
financed source of income.

In some Law Societies there are only a specific number of inscribed
advocates who are 'allowed' to render their services in certain matters,
for instance in urbanization corruption cases and trafficking.

It appears some Law Societies do not include on the list list of free legal
aid, the services of duly inscribed advocates, who speak other languages,
apart from Spanish, and who are not committed to collaborate with
local interest groups.

One way or the other this in in evident violation of the EU-competion
rules - as it appears that foreign spanish advocates, duly inscribed and
who contrary to 99% of the Spanish abogados, with a completed master
in advocacy, - are banned, not in word, but in evident pratice to render
these justicia gratuita services.

Without prejudice and in no way addressing any one of any entity in
particular, - talking about Justicia Gratuita ...

© Mevr. mr. drª Marian Aletta Does
Abogada española - advogada portuguesa - dutch lawyer
Disclaimer: No rights what so ever can be obtained from this article.
Please contact your local advocate or Law Society.

Source:
http://www.mundojuridico.info/ingresos-en-2015-para-solicitar-abogado-de-oficio/?
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