Public Judicial Aid In Romanian Civil Litigation
Public judicial aid in civil matters is an important aspect of access to justice in Romania, aiming to ensure that no litigant is deprived of necessary legal assistance for financial reasons. Emergency Ordinance No. 51 of 21 April 2008 on public judicial aid in civil matters ("GEO 51/2008") regulates how this aid is provided in civil proceedings, with the goal of ensuring that citizens' rights are protected and promoted in accordance with the principles of the rule of law.
What is public judicial aid in civil trials?
Public judicial aid represents the total measures by which the state supports individuals with insufficient incomes to cover the costs of a civil trial. This includes free legal assistance by lawyers, support for paying stamp duties, and other expenses related to the administration of justice.
GEO No. 51/2008 defines the concept of public judicial aid as: “Public judicial aid represents that form of assistance provided by the state aimed at ensuring the right to a fair trial and guaranteeing equal access to justice, for the realization of rights or legitimate interests through judicial means, including the forced execution of court decisions or other executive titles.”
Who can benefit from public judicial aid in civil litigation?
Any individual whose financial situation does not allow them to bear the costs of a civil trial can request public judicial aid in civil matters. The applicant's income must be below a certain threshold set by law, and the application must meet the conditions provided by GEO 51/2008.
Most often, the claimant is interested in requesting public judicial aid since they are obliged by law to advance the judicial expenses regarding the payment of the stamp duty and, most often, the fees of the designated experts. But other parties in the civil litigation may also be interested in requesting public judicial aid. For example, the defendant may file a request for public judicial aid regarding the claims they make by way of counterclaim, or interveners may have an interest in public judicial aid for their own claims.
In what types of disputes can public judicial aid be granted?
Any civil process entitles the granting of public judicial aid. For example, public judicial aid can be requested in civil, commercial, administrative, labor and social insurance, family law, debt recovery, contraventional trials, trials concerning land funds, property rights, neighborhood litigation, disputes with homeowners associations, disputes arising from contractual breaches, trials concerning consumer rights, civil disputes through the rights of passengers in air transport, etc.
Public judicial aid according to GEO 51/2008 cannot be requested in criminal cases. For criminal disputes, there are other forms of protection facilities for the persons involved.
Eligibility criteria to apply for public judicial aid in civil trials
For the granting of public judicial aid, there are a series of legal conditions that must be met. In other words, not all litigants have access to public judicial aid in civil matters, but only those uiwho can prove that the material means at their disposal do not allow them to effectively represent themselves in civil disputes or to protect their rights provided by law.
According to GEO No. 51/2008, to benefit from public judicial aid, the applicant must demonstrate that their monthly net income, calculated per family member, does not exceed a certain threshold set by law. This threshold can be periodically updated, reflecting changes in the national economy and living standards. This is (probably) the most important condition that must be met by the person requesting public judicial aid in civil matters, and the lack of administration of appropriate evidence will lead to the rejection of the request for these facilities.
When assessing the fulfillment of the legal threshold condition, any types of income must be considered: periodic incomes, such as salaries, allowances, fees, rents, profits from commercial activities or from an independent activity, and others like sums owed periodically to meet basic needs, such as rents and maintenance obligations.
Standard threshold
Currently, the threshold provided by law for granting public judicial aid is 25% of the minimum gross base salary per country / per family member / in the last 2 months prior to the formulation of the request for public judicial aid in civil matters.
Art. 8 para. (1) from GEO 51/2008: “People whose average net monthly income per family member, in the last two months prior to the application, is below the level equivalent to 25% of the minimum gross base salary per country benefit from public judicial aid in the forms provided at art. 6. In this case, the sums that constitute public judicial aid are advanced entirely by the state.”
Partial facilities
For those who earn higher incomes than the standard threshold provided by law, but below the limit of 50% of the minimum gross salary per country, there is the possibility of obtaining public judicial aid in civil matters by covering 50% of the eligible costs.
Art. 8 para. (2) from GEO 51/2008: “If the average net monthly income per family member, in the last two months prior to the application, is below the level equivalent to 50% of the minimum gross base salary per country, the sums of money that constitute public judicial aid are advanced by the state in a proportion of 50%.”
Optional public judicial aid
Public judicial aid in civil processes can be granted, upon request, to cover certain expenses related to the process, and depending on the specific situation of each case. This is a case of granting financial facilities where the judge has the freedom to establish based on the circumstances of the case whether a solution of granting public judicial aid is imposed or not.
In practice, this provides people with low incomes the flexibility to request public judicial aid in civil disputes even when they earn income above the aforementioned thresholds. It is a reasonable solution, as it allows the adaptation of public judicial aid to the individual circumstances of each applicant, ensuring an efficient use of the state resources intended for judicial aid.
Art. 8 para. (3) from GEO 51/2008: “Public judicial aid can also be granted in other situations, proportionally to the needs of the applicant, in cases where the certain or estimated costs of the process are likely to limit their effective access to justice, including because of cost-of-living differences between the member state where they have their domicile or usual residence and Romania.”
Public judicial aid in special cases
There are personal circumstances that justify the granting of public judicial aid regardless of the material situation of the applicant. They are provided by special laws that stipulate the right to free legal assistance or legal aid, as a form of protection in special cases, such as minority, disability, or other specific cases. In these situations, public judicial aid is granted without the need to meet the eligibility criteria, but is limited to the defense or recognition of rights or interests that result or are related to the special condition that justified the recognition by law of the right to legal assistance or free legal aid.
Art. 8 ind. 1 from GEO 51/2008: “Public judicial aid is granted, according to this emergency ordinance, regardless of the material state of the applicant, if a special law provides the right to legal assistance or the right to free legal aid, as a measure of protection, considering special situations, such as minority, disability, a certain status, and others like these. In this case, public judicial aid is granted without meeting the criteria provided at art. 8, but only for the defense or recognition of rights or interests that result or are related to the special situation that justified the recognition, by law, of the right to legal assistance or free legal aid.”
Who are the family members considered for granting public judicial aid in civil proceedings?
the spouse,
children or other direct descendants under the age of 18 who are dependent on the applicant,
children or other direct descendants aged over 18 but not older than 26, if they are continuing their studies and are dependent on the applicant,
the person who has a common domicile or residence and manages a household with the applicant, their children or other direct descendants under the age of 18 who are dependent on the applicant, as well as children or other direct descendants over the age of 18 but not older than 26, if they are continuing their studies and are dependent on the applicant.
What types of court expenses does public judicial aid cover?
Public judicial aid in civil litigation can cover all costs related to initiating and managing a case or preparing a defense. Public judicial aid may involve:
paying the fee for ensuring representation, legal assistance, and, if applicable, defense, through an appointed or chosen lawyer, for the realization or protection of a legal right or interest in justice or for preventing a dispute, hereinafter referred to as assistance through a lawyer;
paying the costs for using an expert, translator, or interpreter during the process, if this payment is provided by the person requesting public judicial aid;
paying the fee of the judicial executor in cases of forced execution of civil obligations;
exemptions, reductions, installments, or postponements from paying the judicial stamp fees provided by law, including those due in the forced execution phase.
The forms of public judicial aid allowed by law can be combined.
However, the value of the public judicial aid granted, separately or cumulatively, in any of the forms from the first three points, cannot exceed, during a period of one year, the maximum sum equivalent to 10 minimum gross base salaries per country at the level of the year in which the request for aid was made. For this reason, it is necessary to submit a sworn declaration.
Procedure for applying for public judicial aid in civil trials
The procedure for granting public judicial aid is structured and involves several steps:
Submitting a request for public judicial aid
The applicant must file a court request for public judicial aid in the file where they request this facility. The request must be accompanied by supporting documents that attest to the financial situation of the applicant and their family and the reasons why granting public judicial aid is essential.
Affidavit regarding previously received public judicial aid
The request for public judicial aid in civil matters must be accompanied by a sworn declaration from the petitioner stating whether they have benefited from public judicial aid in the last 12 months, in what form, for what cause, and the amount of this aid.
Resolution of the request for public judicial aid
The request is evaluated by a court, which decides whether the applicant meets the eligibility criteria, through a motivated decision given in the council chamber. Parties in the civil dispute are not summoned for the resolution of the public judicial aid request, which means that the petitioner will not be able to verbally argue the request for this financial facility.
Decision service and appeals
The applicant receives a copy of the judicial decision regarding the granting or rejection of the public judicial aid request ex officio.
If public judicial aid is granted, the costs covered by it and the conditions of granting will be specified. If public judicial aid is refused, against the decision rejecting the request for public judicial aid, the interested party can file a request for reconsideration, within 5 days from the date of communication of the decision. The appeal will be resolved by a different panel of judges (i.e., different judges) and the judicial decision thus pronounced will be final, with no second appeal available.
Are there deadlines for submitting a request for public judicial aid in civil matters?
In principle, a request for public judicial aid can be made at any time during the trial, including in appeals. However, there may be deadlines for submitting it.
The most common case is that of establishing a judicial stamp fee by the court. After communicating the relevant resolution to the person obligated to pay the stamp fee, the latter has the right to request public judicial aid within 5 days of receiving the communication (Art. 33 of the Emergency Ordinance No. 80 of June 26, 2013, regarding judicial stamp fees).
Another case is the formulation of a request for public judicial aid in civil matters for exercising the right to an appeal. In this case, the request for public judicial aid is addressed to the court whose decision is being appealed, mandatorily, within the deadline for exercising the appeal and is urgently resolved by a different panel than the one that resolved the case on the merits.
How long is public judicial aid granted in a civil dispute maintained?
The provision for granting public judicial aid in civil matters is maintained throughout the entire duration of the respective process / procedural stage (trial / appeal / recourse) in which it was granted.
In certain cases, public judicial aid can be revoked. Such cases are (i) the death of the entitled party or (ii) the improvement of their material state to a level that allows them to afford the costs of the process.
Not least, the decision to grant public judicial aid can be annulled when it is proven that the material state of the petitioner is not as presented to the court. Any interested person can always present evidence to the court that approved the public judicial aid regarding the real situation of the party benefiting from this legal facility.
If, following the investigation of such evidence, it results that the request for public judicial aid was made in bad faith, by hiding the truth, the judge will oblige the person who unjustly benefited from public judicial aid to reimburse, as compensation, the sums from which they were exempted, as well as a fine of up to 5 times the amount for which they unjustly obtained the exemption.
What happens if I obtained public judicial aid, but it does not cover all the court expenses related to my lawsuit?
If public judicial aid does not cover all the expenses of the civil litigation, you will be responsible for paying the difference. It is important to discuss this aspect with a civil litigation lawyer to understand all the financial implications and associated risks.
How is the amount granted for covering procedural costs through public judicial aid determined?
The amount granted as public judicial aid in civil proceedings depends on the nature and complexity of the case, as well as the standard fees practiced by lawyers for legal services in the respective region.
Can I receive public judicial aid if I am involved in a property right dispute?
Yes, public judicial aid is available for various types of civil disputes, including property rights disputes, as long as you meet the eligibility criteria.
Can I receive public judicial aid if I am involved in a labor right dispute?
Yes, public judicial aid is available for various types of civil disputes, including labor right disputes, as long as you meet the eligibility criteria. In addition, in such types of disputes, there are special exemptions provided by the Labor Code or special laws in the matter so that former employees or employees prejudiced by the employer can benefit from legal protection.
Can I receive public judicial aid if I am involved in a family law dispute?
Yes, public judicial aid is available for various types of civil disputes, including family law disputes, as long as you meet the eligibility criteria. You can request public judicial aid in divorce proceedings, partition according to the chosen matrimonial regime, child custody, and others.
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