The applicable rules for legal aid are found in Chapter 31 of the Danish Administration of Justice Act.
The area covered by the provisions of the Danish Administration of Justice Act regarding legal aid pertains to legal cases handled under civil procedural law. This means, among other things, that legal aid cannot be granted in criminal cases or in cases handled administratively, such as by the Appeals Board or the Agency of Family Law.
As a general rule, legal aid cannot be granted to individuals who have legal expenses insurance or another insurance that covers the costs of the case. In these cases, it is the insurance company that decides whether the insurance covers the specific case. Before applying for legal aid, it must be clarified whether the legal expenses insurance covers the case. If the legal expenses insurance refuses to cover the case, legal aid can be applied for.
In cases covered by Section 327 of the Danish Administration of Justice Act, the courts are responsible for processing applications for legal aid. This includes cases in the courts of first instance concerning marriage and parental custody, as well as cases in the court of first instance where the applicant's claim has already been determined by a tribunal, such as a rent tribunal. It also includes appeal cases where the applicant has been partially or fully upheld in the previous court instance, and the case has been appealed by the opposing party. Applications for legal aid under Section 327 of the Administration of Justice Act should be sent to the courts.
In other cases, it is the Department of Civil Affairs that processes applications for legal aid in the court of first instance under Section 328 of the Danish Administration of Justice Act. In these cases, a condition for granting legal aid is that the applicant meets the financial requirements and that the applicant is considered to have reasonable grounds for pursuing the case.
The Department of Civil Affairs may, under Section 329 of the Administration of Justice Act, grant legal aid even if the general conditions are not met, when special reasons apply. This particularly applies to cases that are of a principle nature or of general public interest, or that have significant consequences for the applicant's social or professional situation.