You have the right to freely choose and hire a lawyer to represent you in administrative proceedings. Your right to free legal aid in the administrative court is subject to certain conditions.
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 in international human rights law
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.
Moldovan law
Moldovan law provides for free legal aid in administrative processes where you do not have sufficient means to pay for these services, while the cases being complex from a legal or procedural point of view.
In a list of cases provided by the Law, you may receive free legal aid in administrative court proceedings notwithstanding your income and the possibility to pay for a lawyer:
- if you are an asylum seeker, within the asylum procedure
- if you are a person with severe or pronounced disabilities
- if you were a beneficiary of social aid during 6 calendar months prior to the month when your legal aid request was submitted
As the State is obliged to protect human rights, it may be held responsible where you did not receive a fair and equal trial because you couldn’t afford a lawyer and your right to a fair trial was violated.
important In most cases the lack of free legal aid should be balanced by the court’s obligation to partially step into the role of your lawyer and to investigate the case independently. However, if the court fails to fulfil that function properly and you could not meaningfully participate in the trial because you could not afford a lawyer, your rights may have been violated.
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.