You have the right to hire a lawyer of your own choosing to represent you in administrative offences proceedings. There is no automatic right to a state-paid lawyer in this process.
The right to a lawyer
You have the right to hire a lawyer at any stage of the administrative offences proceedings. This means that you can already choose a lawyer for the proceedings with the state institution.
Your lawyer can be present at any time that your presence is required at the proceedings.
State-paid lawyer
Once your case of administrative offence is appealed to the court, the state must guarantee your right to a fair trial. Therefore, the state should only provide you with a lawyer in a court proceeding if:
- you cannot afford a lawyer, and
- if a fair hearing cannot be ensured without legal aid
In such cases human rights demand that you should be given a free lawyer to ensure that you are not put in a worse situation than your opponent and so that you can effectively defend yourself. Otherwise, this may result in a violation of your right to a fair trial.
example You will be entitled to a lawyer if your case is so complex that you cannot participate in the trial meaningfully and understand what is happening in your case without the help of a lawyer.
Centre for Legal Aid
In Slovakia, the Centre for Legal Aid has been established as a state agency entrusted with the role to provide legal aid free of charge or as partially paid service. Legal service is provided by employees of the Centre or by an attorney at law appointed by the Centre.
Legal aid may cover proceedings before an administrative court and in these cases also in proceedings before the Constitutional Court of the Slovak Republic. It covers also cases of asylum matters, proceedings on administrative expulsion, on detention of a third-country national, on the detention of an asylum seekers.
You can receive free legal aid if:
- you satisfy condition prescribed by law to be considered as a person of material need
- there is no apparent failure of the dispute on your side
- the value of the dispute exceeds a value of the minimum wage in case of monetary substance of the dispute, unless it is not possible to quantify the value of the dispute in money
If you not qualify for free of charge legal service, you may qualify for service with reduced legal fees.
Detailed conditions of free of charge or partial paid legal aid are listed in the Act on Legal Aid for People in Material Need.
How to apply for legal aid
To get a state-paid lawyer, you must file a request for legal aid to the Centre for Legal Aid. You must file the request in a timely manner and provide full and truthful information about yourself and your situation.
How to complain
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, in all instances you should still ask the court to provide you with a free lawyer. Even if the court refuses, later you will be able to complain about a potential violation of your rights to the Constitutional Court of the Slovak Republic or in other national or international human rights institutions.