Expiry of entitlement to legal aid: cause of ineffectiveness of this right

DEZBATERI

Abstract

The article examines the termination of the right to public legal aid viewed as a cause of ineffectiveness of this right.

GEO 51/2008 regulates in art. 10 two cases of termination of the right to public legal aid, i.e. the death of the beneficiary and the improvement of the financial situation to a point that enables the latter to meet the costs of the litigation. It should also be added the hypothesis of inter vivos transfer of the rights to a third party, pending litigation.

The article highlights the validity of the interference consisting in the termination of the right to public legal aid in the right of access to a court, the causes for termination of the right to public legal aid, the conditions, the legal consequences and the unregulated problem of the worsening of the beneficiary's financial situation.

Based on the analysis of the content of the material and on the existence of obvious gaps in the normative field, in the end, 3 proposals are advanced to adjust the legislation in force from the perspective of improving the beneficiary's financial situation.

Keywords: Art. 10 GEO 80/2013, Directive No. 2003/8/CE of the Council of 27 January 2003, right to public judicial aid, extinguishment, ineffectiveness, death, improvement of the financial situation.