Provision of Legal Aid in Greece – Law 3226/2004

11
Dec
2024
11.12.2024

Provision of Legal Aid in Greece is regulated by Law 3226/2004, which specifically defines the following:

Beneficiaries according to Article 1, paragraphs 1, 2 & 3A are:

  • Greek or EU citizens with low income
  • Third-country nationals or stateless persons, if they reside lawfully in the EU
  • Low income is considered to be an amount less than 2/3 of the minimum wage as determined by law, which as of 04/01/2024 in Greece amounts to €830.00
  • Persons with disabilities exceeding 67%, regardless of income

Cross-border Disputes in Article 10

If the person requesting legal aid is a resident of another Member State of the European Union, the following special provisions apply:

  • They are eligible for legal aid even if their family income exceeds 2/3 of the minimum annual individual income in Greece, as provided for by law, if they can prove that they cannot afford the court costs due to the difference in living costs between the Member State of residence or habitual residence and Greece. (paragraph a)
  • Exemption from legal procedure costs may also include exemption from any interpreter fees, or costs for official translation of documents required for the resolution of the dispute, or even costs for travel of a person associated with the support of the request, if the personal presence of this person in court is mandatory and it is decided that this person cannot otherwise participate in the proceedings. (paragraph b)
  • Legal aid may also consist in the appointment of a lawyer to provide legal advice with the aim of settling the dispute before it is brought before a court. The appointment of a lawyer for the provision of legal advice also applies to a person who has their residence or habitual residence in Greece, but requests the provision of legal aid for a lawsuit or procedural action in another Member State of the European Union, until the receipt of the application for the provision of legal aid by the competent authority of the foreign Member State. (paragraph c)

    Content of Legal Aid as stated in Article 9, paragraphs 1, 2, 3 & 6:

    The scope of legal aid under the law is defined as including the following:

    – The provision of legal aid in civil and commercial matters, which consists of exemption from the obligation to pay part or all of the costs of the proceedings and, if specifically requested, the appointment of a lawyer, notary and bailiff, with the instruction to defend the beneficiary, represent him in court and give him the assistance he needs to perform the necessary actions. (paragraph 1)

    – Exemption in particular for stamp duties, court fees, registration fees and their surcharges, witness fees, expert witness fees, the fees or remuneration of the appointed lawyer, notary and bailiff, as well as the obligation to provide security for these costs. (paragraph 2)

    – Legal aid separately for each lawsuit, for each level of jurisdiction, for each court and for the enforcement of the judgment. (paragraph 3)

    – It is important to note that this provision of legal aid does not affect the obligation to pay the costs awarded to the opposing party.