You have the right to freely choose and hire a lawyer to represent you in administrative proceedings. You have a right to free legal aid only if you can't afford it and if the court process would be unjust without a lawyer’s help.
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 state institution.
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.
Bulgarian law
In Bulgaria, you can only receive free legal aid if you need it to ensure your meaningful participation in the proceedings and if you are unable to pay a lawyer because you do not have sufficient means. Your material and social status is assessed on the basis of a number of criteria. They include:
- Your income and the income of your family
- Your property
- Your family situation
- Your health
- Your employment
- Your age
In Bulgaria, there are also some claims for which free legal aid will not be given. Juridical persons cannot ask for a free lawyer in commercial and tax cases. Certain vulnerable groups (children in institutions, families, which receive social assistance, children at risk, asylum seekers and others), listed in the Legal Aid Act. are entitled to a free lawyer.
How to apply for legal aid
To get a state-paid lawyer for representation, you must file a request for legal aid to the court, which deals with your administrative claim. For legal aid for preparation of the case you must file a request to the Legal Aid Bureau. 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 in other national or international human rights institutions.