You have the right to freely choose and hire a lawyer to represent you in the court administrative proceedings. There is no right to free legal aid in the administrative court.
Right to a lawyer
You have a right to hire a lawyer at any stage of administrative proceedings. This means that you can already choose a lawyer during the proceedings at the public authority.
Your lawyer can be present at any time your presence is required at proceedings.
State-paid lawyer
The state must guarantee your right to a fair trial. Therefore, the state should provide you with a lawyer only if:
- you cannot afford one, and
- if a fair hearing cannot be ensured without legal aid
In such cases, human rights dictate that you should be given a free lawyer to ensure that you are not placed in a worse situation than your opponent and that you can effectively defend yourself. Otherwise this could 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 meaningfully participate in the trial without the help of a lawyer and understand what is happening in your case.
In some court administrative proceeding cases you are obliged to be represented by an attorney at law (e.g. action against an administrative decision), unless you hold a law degree.
Center for Legal Aid
In Slovakia, the Center 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 Center or by an attorney at law appointed by the Center.
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 cover also cases of asylum matters, proceedings on administrative expulsion, on detention of a third-country national, on the detention of an asylum seekers.
Requirements
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 Center 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 are not entitled to a lawyer under national law, but you cannot participate meaningfully in the court process without a lawyer, your right to a fair trial may be violated.
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, you should still, in all instances, ask the court to provide you with a lawyer free of charge. Even if your request is refused, you will later 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.