Procedure and conditions for obtaining free legal aid
Primary legal aid
The procedure for obtaining primary legal aid is initiated by directly contacting the provider of primary legal aid (an authorized association, legal clinic or administrative body of a county or the City of Zagreb).
Primary legal aid can be provided under the following conditions:
Secondary legal aid
The procedure for granting secondary legal aid is initiated by submitting an application to the competent administrative body of a county or the City of Zagreb.
There is a prescribed application form for secondary legal aid, which includes the consent of the applicant and their household members to allow access to all data on total incomes and assets. The application form must be submitted in person or via registered mail to the competent administrative body of the relevant county or the City of Zagreb according to the applicant's place of permanent or temporary residence.
For Croatian citizens without permanent residence in Croatia and foreign citizens, the competent administrative body is the administrative body whose territorial jurisdiction includes the seat of the court before which the applicant has initiated proceedings.
The application form is available for download from the website of the Ministry of Justice and Public Administration or in paper form at the competent administrative bodies of the counties and the City of Zagreb.
Secondary legal aid provided by lawyers can be granted:
Depending on the type of procedure, secondary legal aid by lawyers may be granted for the following proceedings:
Secondary legal aid will be granted if:
The procedure for obtaining primary legal aid is initiated by directly contacting the provider of primary legal aid (an authorized association, legal clinic or administrative body of a county or the City of Zagreb).
Primary legal aid can be provided under the following conditions:
- the applicant does not have sufficient knowledge or capacity to invoke their right,
- the applicant is not provided with legal aid under special regulations,
- the submitted application for legal aid is not manifestly unfounded,
- the financial circumstances of the applicant are such that the payment of professional legal assistance could jeopardize their subsistence and that of their household members.
Secondary legal aid
The procedure for granting secondary legal aid is initiated by submitting an application to the competent administrative body of a county or the City of Zagreb.
There is a prescribed application form for secondary legal aid, which includes the consent of the applicant and their household members to allow access to all data on total incomes and assets. The application form must be submitted in person or via registered mail to the competent administrative body of the relevant county or the City of Zagreb according to the applicant's place of permanent or temporary residence.
For Croatian citizens without permanent residence in Croatia and foreign citizens, the competent administrative body is the administrative body whose territorial jurisdiction includes the seat of the court before which the applicant has initiated proceedings.
The application form is available for download from the website of the Ministry of Justice and Public Administration or in paper form at the competent administrative bodies of the counties and the City of Zagreb.
Secondary legal aid provided by lawyers can be granted:
- for a rather complex procedure,
- if the applicant is incapable of representing themselves,
- if the financial circumstances of the applicant are such that the payment of professional legal assistance could jeopardize their subsistence and that of their household members, in accordance with the special requirements relating to the applicant's financial situation,
- provided that it is not reckless litigation,
- if within six months from the date of application it has not been rejected due to intentional provision of incorrect information,
- if the applicant is not provided with legal aid under special regulations.
Depending on the type of procedure, secondary legal aid by lawyers may be granted for the following proceedings:
- in relation to real rights, except for land registry procedures,
- relating to labour relations,
- relating to family relations, except in uncontested divorce proceedings where the spouses do not have minor children together or adopted children, or adult children over whom they exercise parental care,
- enforcement proceedings and insurance proceedings in case of enforced recovery or securing of a claim for which legal aid may be granted in accordance with the provisions of the Free Legal Aid Act,
- peaceful dispute settlement,
- exceptionally, in all other administrative and civil court proceedings when such a need arises from the specific life circumstances of the applicant and their household members, in accordance with the fundamental purpose of the Free Legal Aid Act.
Secondary legal aid will be granted if:
- the overall household income of the applicant does not exceed the budget-related calculation basis per household member per month (HRK 3,326.00), and
- the overall value of property owned by the applicant and their household members does not exceed the amount of 60 budget-related calculation bases (HRK 199,560,00).
Secondary legal aid will be granted even if the requirements related to the applicant’s financial situation are not met in cases where the applicant, for objective reasons, does not have the total incomes and assets at disposal, and the part of the total incomes and assets at their disposal does not exceed the prescribed amounts for granting secondary legal aid.
Objective reasons are in particular: extraordinary costs of medical treatment of the applicant or household members which are not covered by medical insurance, costs of orthopedic aids, rehabilitation and other services for persons with disabilities which are not covered by medical insurance, education costs for children with developmental disabilities, other costs incurred due to force majeure (fire, earthquake, flood, etc.) and property ownership which cannot be realised or is difficult to realise.
In the procedure of granting secondary legal aid, the financial situation of the applicant is established for the period of twelve months before the month in which the application was submitted.
An exemption from paying the costs of court proceedings may be granted in the types of proceedings which qualify for secondary legal aid by lawyers, if the material circumstances of the applicant are such that an advance payment for the costs of proceedings could jeopardise the subsistence of the applicant and their household members, in accordance with the requirements relating to the financial situation of the applicant. When deciding on an application for exemption, the amount of costs to be paid in the relevant proceedings is taken into special account.
An exemption from paying court fees may be granted in all court proceedings (civil procedure and administrative disputes) if the material circumstances of the of the applicant are such that the payment of court fees could jeopardise the subsistence of the applicant and their household members, in accordance with the requirements relating to the financial situation of the applicant. When deciding on an application for exemption, the amount of court fees to be paid in the relevant proceedings is taken into special account.
The exemption from court fees applies as of the date of submission of the application for secondary legal aid and applies to all submissions and actions involving the obligation of payment of court fees on that day and thereafter.
Granting of secondary legal aid refers to full or partial coverage of the costs of legal aid, depending on the applicant’s household income. Specifically, the law envisages the possibility of percentage participation in the costs by the beneficiary of legal aid.
When secondary legal aid is granted in a reduced scope, the difference between the amount granted and the total amount of the remuneration and reimbursement of expenses for the work of the lawyer providing legal aid is to be covered by the beneficiary according to the value of the work, as established by the Rates of Remuneration and Reimbursement of Lawyers. Similarly, the difference between the amount granted and the total amount of the remuneration and reimbursement of expenses of court experts and interpreters is to be covered by the beneficiary according to the provisions of the Ordinance on Permanent Court Experts and the Ordinance on Permanent Court Interpreters.