The rules are outlined in the Act on Legal Aid for Filing and Conducting Complaints to International Complaint Bodies under Human Rights Conventions, cf. Act no. 940 of 20/12/1999, with amendments from Act no. 263 of 16/03/2016, which amends the Act on Legal Aid for Filing and Conducting Complaints to International Complaint Bodies under Human Rights Conventions and the Administration of Justice Act.
When can legal aid be granted?
Legal aid can be granted if there is considered to be a reasonable basis for pursuing the complaint, and if the international complaint body has requested legal observations from the Danish government, cf. section 2 of the Act. It is also a fundamental requirement that the applicant has exhausted all domestic legal remedies.
Can legal aid be granted to a legal entity?
Under section 3 of the Act, legal aid can be granted to a legal entity if there are special reasons for doing so and if the conditions outlined in section 2, subsection 1, are met. As a general rule, the case must be of a principled nature or of public interest, or it must have significant implications for the applicant's social or professional situation.
What do I need to submit?
When applying for prior approval of legal aid, you must submit:
- The complaint with any supporting documents,
- Any legal observations from the Danish government, if you have received them,
- Any comments from the complainant on the legal observations of the Danish government,
- Any correspondence with the international complaint body,
- Information on whether the case has been brought before the Danish courts.
When requesting subsequent payment of fees, you must submit:
- A detailed time record with relevant documentation,
- The decision/statement from the international complaint body,
- Any legal observations that were not available when applying for prior approval.
What does legal aid cover?
Legal aid covers reasonable and necessary expenses for conducting the complaint case, as well as a reasonable fee for a lawyer. Legal aid does not mean that the state will cover all costs related to the case