No legal aid in the case of constitutional complaints – the Ombudsman has filed a petition with the Constitutional Court

No legal aid in the case of constitutional complaints – the Ombudsman has filed a petition with the Constitutional Court

It is contrary to the Fundamental Law that pursuant to the Act on Legal Aid persons submitting a constitutional complaint may not receive legal aid – the Ombudsman has found on the basis of the petition of an individual. Máté Szabó has requested the Constitutional Court to examine whether the relevant provision is in compliance with the prohibition of discrimination and the obligation of the State to promote equality of opportunities, both laid down in the Fundamental Law, and whether they are not infringing the right to effective legal remedy. 

The institution of legal aid financed from the state budget was established so that professional legal advice and representation could be given to those persons who, due to their precarious social situation, would not be able to pay lawyer's fees related to the solution of legal disputes and the enforcement of their rights. In constitutional complaint proceedings, however, there is no possibility of availing oneself of such aid, since this is excluded by the Act on Legal Aid itself, while the Act on the Constitutional Court expressly provides that "in the course of constitutional complaint proceedings, legal representation shall be mandatory".

According to the Ombudsman, the provision excluding legal aid raises several constitutional concerns. It violates the prohibition of discrimination and it is contrary to the State's obligation to promote equality of opportunities. The Act bars precisely those persons from the possibility of making use of the institution of constitutional complaint who are disadvantaged owing to their financial situation. This also violates the right to effective legal remedy, since the Constitutional Court, as the highest forum for legal remedy, plays an outstanding role in the protection of fundamental rights.

In view of the above the Ombudsman has requested the Constitutional Court in his petition to annul the contested provision of the Act on Legal Aid.