BackThe Constitutional Court, approving the petition filed by Ombudsman Máté Szabó, in its decision of 18 December 2012 annulled the provision of the Act on Legal Aid which excluded that persons in precarious social situation submitting a constitutional complaint receive legal advice and legal representation financed from state budget.
In his petition the commissioner for fundamental rights argued that the provision excluding legal aid financed from state budget raises several constitutional concerns. It violates the prohibition of discrimination and it is contrary to the State’s obligation to promote equality of opportunities as it 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. Concerning this, the commissioner pointed out to the contradiction that while the Act itself had excluded the availability of legal aid financed from state budget even for persons in precarious social situation, the Act on the Constitutional Court expressly provided that “in the course of constitutional complaint proceedings, legal representation shall be mandatory.
Based on these considerations, Ombudsman Máté Szabó asked the Constitutional Court to annul the controversial provision of the Act on Legal Aid and his petition was approved by the Constitutional Court in its decision.
SOURCE: Office of the Commissioner for Fundamental Rights of Hungary
