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Andorra Court Rejects Free Legal Aid Appeal Over Income and Lawyer Search

Constitutional Court rules man's finances disqualify him from free counsel despite rejections by seven lawyers, upholding prior denial.

Synthesized from:
Altaveu

Key Points

  • Man's appeal rejected as his income exceeds free aid thresholds.
  • Approaching only 7 of 230 lawyers deemed insufficient effort.
  • State cannot force lawyers to take cases unlikely to succeed.
  • Ruling aligns with European Court of Human Rights precedents.

Andorra's Constitutional Court (TC) has dismissed a man's appeal claiming he deserved free legal aid after failing to secure a private lawyer, ruling that his financial situation disqualifies him and that no fundamental right has been violated.

The man, who faces multiple ongoing legal proceedings—including a workplace harassment complaint and a negligence suit against a law firm—personally filed the appeal with the TC. He argued that he had approached seven different lawyers, all of whom declined to represent him, leaving him without counsel despite his efforts.

Authorities had previously rejected his request for a court-appointed lawyer, determining he possessed sufficient economic resources to cover private legal fees. In a ruling published on Wednesday, the TC upheld that decision, noting the applicant exceeded the income thresholds for free justice services.

The court offered two key reasons for rejection. First, with 230 lawyers registered at the Bar Association, approaching only seven does not demonstrate an insurmountable barrier; the man must continue his search. Second, the state cannot compel any lawyer to take a case, particularly one involving claims deemed unlikely to succeed. The ruling cited European Court of Human Rights jurisprudence supporting this stance, as lawyers are not obligated to accept clients whose cases lack merit.

The TC emphasized that the denial of free aid was legally sound and did not infringe on core rights. The man must now seek alternative representation to proceed with his cases.

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Original Sources

This article was aggregated from the following Catalan-language sources: