Legal aid

JUAN CARLOS I

KING OF SPAIN

To all who see and understand the present.

Know: That the Cortes Generales have passed and I come to sanction the following law.

EXPOSURE OF GROUNDS

1. Justification of the reform

The rights granted to citizens by Articles 24 and 25 of the Constitution are evident corollary of the social or welfare conception of the Democratic State of Law, as shaped by our Fundamental Standard. In accordance with the provisions of these constitutional provisions, and in order to ensure that all persons have access to effective judicial protection, article 119 of the Constitution provides that: Constitutional text prevents that the justice system shall be free of charge when provided for by law and, in any event, for those who prove insufficient resources to litigate. With this in mind, our Basic Norm designs a constitutional framework regulating the right to judicial protection, which includes, on the part of the State, a provisional activity aimed at providing the necessary means to make this right real and effective even when those who wish to exercise it lack financial resources.

Deleted by Law 25/1986 judicial fees, the core of the economic costs of access to judicial protection is determined by the intervention in it, as a legal requirement, in most cases, of professionals specialized in the defence and representation of legitimate rights and interests. Once the State has renounced the collection of any amount for access to the judicial apparatus, it is the fees of lawyers, prosecutors and, where appropriate, any other professionals, as well as the cost of obtaining the necessary documentary or expert evidence, which entail an invaluable economic cost for citizens who do not have the necessary financial resources to deal with them.

The constitutional provision of Article 119 has already been developed by the Organic Law 6/1985the judiciary, which in its articles 20.2 and 440.2 incorporates the constitutional mandate and refers, for the regulation of the system of free justice, to the ordinary law. Under this reservation of law, the ordinary legislator is responsible for implementing the constitutional mandate to establish a system of free justice for those who lack resources.

2. Unifying voice

For this purpose, the purpose of this Law is to regulate a system of free justice that allows citizens who prove insufficient resources to litigate, provide the professionals necessary to have access to effective judicial protection and adequately defend their legitimate rights and interests. It is therefore a law whose beneficiaries and direct recipients are all citizens who seek effective judicial protection and are hindered by their economic situation. The aim is therefore to ensure equal access to justice for all citizens.

In the face of the scattered procedural legislation that has hitherto regulated the free justice system, this rule brings together the new legal system of free justice in itself; thus, as was understood by the Lower House when it unanimously adopted at its meeting on 10 May 1994 the motion for a motion of appeal submitted by the Federal Parliamentary Group Izquierda Unida-Iniciativa per Catalunya, ratified by the Resolution of 9 February 1995, this Law regulates a single system, concentrated in a single rule, with the logical consequences of clarity and certainty that ultimately result in an increase in legal certainty.

3. Extension of the material content of the right

In order to remove the obstacles that prevent the most unprotected citizens from gaining access to effective judicial protection on an equal basis, this Act is undergoing a significant transformation in the material content of the right to free legal aid, with a broader definition.

In fact, compared to the benefits so far collected by the Civil Procedure Actthe new system constitutes a more complete right and thus more guaranteeing the equality of the parties to the process, eliminating excessive costs that are nothing but practical denials of the process; thus, to the benefits already enshrined in our legal system as belonging to the right to free legal aid, the Law adds new benefits such as advice and guidance prior to the initiation of the process - which must avoid on numerous occasions artificial litigation so costly in all respects for the justice system -, the expert assistance in the same and the substantial reduction of the cost for obtaining scriptures and notarial documents and documents emanating from the Public Records, which may be precise for the parties to the process.

4. Recognition of the right

Similarly, the Act represents a further step in the protection of those most disadvantaged citizens who need access to judicial custody in order to realize their legitimate claims or defend their rights.

Under the broad freedom of legal configuration derived from Article 119 of the Spanish Constitution -freedom which our Constitutional Court has already expressly recognized - this Law goes further than the previous system by adopting the criteria to recognize the right to free legal aid, establishing a dual mechanism: on the one hand, an objective criterion for the recognition of the right, based on the economic situation of the applicants, and complemented by a flexible mechanism of subjective appreciation in accordance with our constitutional jurisprudence, which allows for the exceptional recognition of the right to persons whose economic situation exceeds the legal module but who, however, face circumstances of one or other kind that must be considered and which make such recognition desirable. In these second exceptional cases, and here is precisely the difference with the regime that Civil Procedure Act until today, the extension of the right can become total, including all the benefits that make up it.

Without prejudice to all of the above, the right of the persons concerned to the free appointment of counsel and procurator shall always be guaranteed.

5. Administrative action

Although the assessment of compliance with the requirements for the right to free legal aid is not strictly a jurisdictional function, it has traditionally been maintained in our procedural legislation.

Far from this conception, the "dejudicialization" of the procedure to recognize the right to free legal aid is essential purpose of the Act, thus opting for the most modern guidelines that make this function an essentially administrative activity.

The transfer of recognition of the right to an administrative seat is based on two grounds: first, the courts and tribunals are relieved of a task which falls outside the constitutional limits of the exercise of judicial power and, secondly, the resolution of citizens ' applications is expedited by means of a summary and standardized procedure. Recognition of the right therefore becomes a function based on the previous work of professional associations, which initiate the ordinary processing of applications, analyse claims and agree on provisional designations or refusals, and, on the other hand, on the action of new administrative bodies, the Free Legal Aid Commissions, as bodies formally responsible for the final decision, and in whose composition the bodies involved in the proceedings are represented.

This does not mean that the courts lose their full weight in recognition, since the law sufficiently guarantees judicial control over the effective application of the law, enabling them to decide on it, by appeal.

6. Public funding

This legal goal of providing citizens who need it with a rapid and effective system of free justice is articulated, as hitherto, on the basis of a public service, provided by the Attorney General's Office and the Office of the Procurator, financed by equally public funds. In fact, according to the jurisprudence of the European Court of Human Rights and our Constitutional Court, the State is responsible for the proper functioning of the service by virtue of the constitutional obligation alone to provide for the defence of those who lack remedies; this jurisprudence has clearly established public responsibility in this regard, as a positive duty of the State to guarantee the right of access to justice or, which is the same, to effective judicial protection as a fundamental right which it is.

This leads to the obligation to establish control mechanisms to ensure the adequate allocation of public funds allocated to the service, so that those who do not need assistance do not benefit from such funds.

Thus, the Act lays down the basic criteria for the financing of the service, the cost of which must be periodically assessed by the public authorities, which must in any case follow the principle that the free legal aid service is dignified and sufficiently remunerated, and its remuneration is paid within reasonable time limits. Both the financing and the rules relating to the provision and operation of the service are conceived with the flexibility and generality of a rule of legal rank, which must allow their development by rules of inferior rank to facilitate the proper adjustment to the changing economic and social situations, thus avoiding the petrification of the system and the consecration into norms with the legal rigidity of matters that, by their very nature, are susceptible to successive transformations in very short time. This regulation was carried out as a matter of urgency, and as an initial and transitional step in the current reform of the system of free justice, through the Royal Decree 108/1995 of 27 January 1995on measures to implement the State subsidy for free legal aid.

7. Competition policy

The Act is, in fact, respectful of the ordination of competence deriving from our Basic Standard and the Statutes of Autonomy, specifying the responsibilities which, in accordance with rules 3.a, 5.a, 6.a and 18.a of the Act, Article 149.1 of the Spanish Constitutionenable the State to establish the new regulation, and allow it to be supplemented naturally by the rules issued by the Autonomous Communities in the exercise of their statutory powers.

CHAPTER I

Right to free legal aid

Article 1. Subject matter of the Act.

The purpose of this Act is to determine the content and scope of the right to free legal aid to which it relates. Article 119 of the Constitution and regulate the procedure for its recognition and effectiveness.

The free legal aid service shall be compulsory as provided for in this Act. Professional associations may organise the service and dispense the collegiate where there are reasons to justify it.

The provisions of this law shall apply generally in all types of judicial proceedings, including appeals for constitutional protection, prior administrative proceedings when provided for in specific legislation, as well as prior advice to the proceedings referred to in Article 6(1).

The specific needs of persons in vulnerable situations must be taken into account in the implementation of this Act.

The last paragraph, with effect from 1 October 2018, is added by the final provision 1.1 of Law 3/2018 of 11 June. Ref. BOE-A-2018-7831

It is amended by Article 1 of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

It is amended by final provision 3.1 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 2. Personal application ambit.

In the terms and with the scope provided for in this Act and in the relevant international treaties and conventions to which Spain is a party, they shall be entitled to free legal aid:

(a) Spanish citizens, nationals of the other Member States of the European Union and foreigners in Spain, when they prove insufficient resources to litigate.

(b) Management Entities and Common Social Security Services, in any case.

(c) The following legal persons where they prove insufficient resources to litigate:

1st Public utility associations, provided for in the Article 32 of Organic Law 1/2002 of 22 March 2002Regulation of the Law of Association

2. Foundations registered in the relevant Public Registry.

(d) In the social judicial order, in addition, the workers and beneficiaries of the social security system, both for the defence in court and for the exercise of actions for the realization of labour rights in court proceedings.

The right to free legal aid is also granted to workers and beneficiaries of social security for disputes in this area arising out of the administrative-dispute order.

(e) In the administrative and contentious order, as well as in the previous administrative procedure, foreign citizens who prove insufficient resources to litigate shall have the right to legal aid and defence and free representation in proceedings which may lead to the refusal of their entry into Spain, their return or expulsion from Spanish territory, and in all asylum proceedings.

(f) In cross-border disputes in civil and commercial matters, the natural persons referred to in Chapter VIII of this Act, as set out therein.

(g) In the area of insolvency, the right to free legal aid, for all proceedings in the special proceedings, is recognized to debtors natural or legal persons who are considered to be micro-enterprises in the terms set out in the consolidated text of the Law of Concursalto whom the special procedure provided for in its third book applies, provided that there is insufficient resources to litigate.

Similarly, in the area of insolvency, trade unions shall be exempt from deposits and appropriations in all their proceedings and shall enjoy the legal benefit of free justice when exercising a collective interest in the defence of workers and beneficiaries of social security.

(h) Regardless of the availability of remedies for litigation, the right to free legal assistance is recognized and will be provided immediately to victims of gender-based violence, terrorism and trafficking in human beings in proceedings involving, deriving from or resulting from their status as victims, as well as to persons with disabilities in need of special protection when they are victims of crimes of homicide, injuries under articles 149 and 150, in the offence of habitual abuse provided for in article 173.2, in offences against freedom, in crimes against sexual freedom and in crimes of trafficking in human beings. This right is also recognized, regardless of the availability of remedies for litigation, to women and minors who are victims of crimes against sexual freedom under the Title VIII of Book II of the Penal Codethe offences of female genital mutilation, forced marriage and sexual harassment.

This right shall also assist the successors in the event of the death of the victim, provided that they are not involved in the facts.

For the purpose of granting the benefit of free justice, the status of victim shall be acquired when a complaint or complaint is made or criminal proceedings are initiated for any of the offences referred to in this paragraph and shall be maintained for the duration of the criminal proceedings or when, after completion, a conviction has been handed down. The benefit of free justification shall be forfeited after the final acquittal, or the final or provisional dismissal on the ground that the criminal acts have not been established, without the obligation to pay the cost of the benefits provided free of charge until that time.

In the various proceedings which may be initiated as a result of the victim status of the offences referred to in this letter, and in particular in cases of gender-based violence, the same lawyer shall assist the lawyer, provided that his right of defence is duly guaranteed.

(i) Regardless of the existence of remedies for litigation, the right to free legal aid is granted to those who, due to an accident, demonstrate permanent sequelae which completely prevent them from performing the tasks of their usual employment or professional occupation and require the assistance of other persons in carrying out the most essential activities of daily life, when the subject of the dispute is the claim for compensation for the personal and moral damage suffered.

(j) Regardless of the availability of remedies to litigate, the right to free legal aid is recognized for associations whose purpose is to promote and defend the rights of victims of terrorism, as identified in the Law 29/2011 of 22 September 2011of recognition and comprehensive protection for victims of terrorism.

(k) Persons who report violations under the Law on the Protection of Persons Reporting on Normative Violations and the Fight against Corruption to the Independent Authority for the Protection of the Informer, A.A.I., or to the respective regional authorities, provided that they comply with the conditions of protection set out in the said Law, provided that they have gross economic resources and income, calculated annually by all concepts and by family unit, less than four times the public income indicator with multiple effects in force at the time of reporting, and exclusively for the proceedings followed in any court order that are the direct consequence of the reported offence.

(l) In criminal proceedings, legal persons, when legal defence and, where appropriate, procedural representation are to be appointed by a court, provided that the company has been declared to be in a situation of current or imminent insolvency, are in the competition of creditors or are not economically active in the last financial year when, in the latter case, the company is dissolved or is in the process of dissolution in the cases and in the procedure provided for by law.

Point (h) is amended by final provision 10.1 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

This amendment enters into force on 3 October 2025 as set out in its final provision 38.3.

Point (g) is amended and (l) is added by final provision 3 of Organic Law 5/2024 of 11 November. Ref. BOE-A-2024-23630

Take into account the transitional provision of the aforementioned Organic Law on the transitional regime for compensation of legal aid in the case of point (l).

Point (k) is added by final provision 1 of Law 2/2023 of 20 February. Ref. BOE-A-2023-4513

A point (g) is added and points (g) to (i) are reordered as (h) to (j) by final provision 3 of Law 16/2022 of 5 September. Ref. BOE-A-2022-14580

Paragraph (g) is amended by final provision 7 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Point (g) is amended and (i) is added by final provision 3.2 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Points (g) and (h) are added by Article 2.1 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

It is amended by article 1 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Paragraph (d) is amended by final provision 4 of Act No. 22/2003 of 9 July. Ref. BOE-A-2003-13813.

The subparagraph indicated in subparagraph (a) is declared unconstitutional and void by judgment of TC 95/2003 of 22 May. Ref. BOE-T-2003-11607.

Please also take into account point 2 of the judgment in relation to the legal basis 7.

Article 3. Basic requirements.

1. The right to free legal aid shall be granted to natural persons who lack sufficient assets and have gross economic resources and income, calculated annually for all purposes and per family unit, not exceeding the following thresholds:

(a) Twice the multiple-impact public income indicator in effect at the time of application for persons not integrated into any family unit.

(b) Twice and a half times the multiple-impact public income indicator in effect at the time of application for persons in one of the family unit modalities with less than four members.

(c) Three times as many as four or more family units or have been recognized as large families in accordance with the regulations in force.

2. The definition of the concept of family unity in its various forms will be based on the Law on Income Tax on Physical Persons, with spouses not legally separated, de facto couples formed in accordance with the requirements that would be required of them.

3. The financial means shall be assessed individually where the applicant proves that there are conflicting family interests in the dispute for which assistance is sought.

4. The right to free legal aid may be granted only to those who are litigating in defence of their own or other rights or interests, or to others, if they are based on legal representation. In the latter case, the requirements for obtaining the benefit shall be referred to the person represented.

5. The right to free legal aid shall be granted to the legal persons referred to in subparagraph (c) of the preceding article, where the annual accounting result of the institution is not sufficient to be less than the amount equivalent to three times the amount of the multiple-impact public income indicator.

Paragraphs 1.c), 2 and 3 are amended by final provision 3.3 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

It is amended by art. 2.2 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

Paragraph 5 is amended by the sole article 2 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Paragraph 5 is amended by final provision 6 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Article 4. Exclusion for economic reasons.

1. In order to verify the inadequacy of resources to litigate, account shall be taken in addition to the income and other assets or circumstances declared by the applicant, of external signs showing their real economic capacity, denying the right to free legal aid if such signs, by denying the applicant's statement, reveal with evidence that the applicant has economic means that exceed the limit set by law.

2. In assessing the existence of sufficient assets, account shall be taken of the ownership of immovable property provided that it does not constitute the habitual residence of the applicant, as well as the income from movable capital.

It is amended by art. 2.3 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

Article 5. Exceptional recognition of the law.

1. In view of the applicant's family circumstances, the number of children or dependants, the court fees and other costs arising from the initiation of the proceedings, or other similar costs, objectively assessed and, in any case, where the applicant bears the status of ascendant of a large special category family, the Free Legal Aid Commission to which the application is submitted may exceptionally grant, by reasoned decision, recognition of the right to persons whose resources and income, even if they exceed the limits provided for in Article 3, do not exceed the fivefold length of the public income indicator with multiple effects, taking into account also the lack of sufficient assets.

2. The right to free legal aid may be recognized under the same conditions as those mentioned in the previous subparagraph, taking into account the health circumstances of the applicant and the persons with disabilities referred to in paragraph 2 of this Article. Article 1 of Law 51/2003 of 2 Decemberequal opportunities, non-discrimination and universal accessibility for persons with disabilities, as well as for persons in their care when acting in a proceeding on their behalf and in their interest, provided that these procedures relate to the health or disability circumstances which give rise to this exceptional recognition.

In such cases, the relevant Free Legal Aid Commission shall expressly determine which benefits of those referred to in article 6 are applicable to the applicant.

It is amended by art. 2.4 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

Paragraph 2 is added by the sole article.3 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

It is amended by additional provision 4 of Law 40/2003 of 18 November. Ref. BOE-A-2003-21052.

Article 6. Material content of the right.

The right to free legal aid includes the following benefits:

1. Free pre-trial advice and guidance to those seeking judicial protection of their rights and interests, as well as information on the possibility of recourse to mediation or other extrajudicial means of conflict resolution, in cases not expressly prohibited by law, when they are intended to avoid the procedural conflict or to analyze the viability of the claim.

In the case of victims of gender-based violence, terrorism and trafficking in human beings, as well as minors and persons with intellectual disabilities or mental illness, in the terms set out in article 2 (g), free legal aid shall include free counselling and guidance at the time immediately prior to the filing of a complaint or complaint.

2. The assistance of a lawyer to the detainee, prisoner or accused person who has not appointed him, for any police action which is not the result of an ongoing criminal procedure or at his first appearance before a court, or when it is carried out through judicial assistance and the detainee, prisoner or accused has not appointed a lawyer in the place where it is provided. Such legal aid shall also apply to the person sought and detained as a result of a European arrest warrant which has not been designated as a lawyer.

It is not necessary for the detainee, prisoner or accused person to prove that he or she has no means of redress, without prejudice to the fact that if he or she is not subsequently granted the right to free legal aid, he or she must pay the lawyer the fees earned by his or her intervention.

3. Defence and representation free of charge by counsel and procurator in judicial proceedings, where the intervention of these professionals is legally mandatory or where, but not so, there are any of the following circumstances:

(a) Their intervention is expressly requested by the court or tribunal by means of a reasoned order to ensure the equality of the parties to the proceedings.

(b) In the case of minor offences, the person against whom the criminal proceedings are directed has exercised his or her right to be assisted by a lawyer and is thus agreed by the court or tribunal, in view of the entity of the offence in question and the personal circumstances of the applicant for legal aid.

4. Free insertion of advertisements or edicts, in the course of the process, which must be published in official newspapers.

5. Exemption from payment of court fees and from payment of deposits necessary for the filing of appeals.

6. Free expert assistance in the proceedings by technical staff assigned to the courts, or, failing that, by officials, bodies or technical services under the authority of the public authorities.

Exceptionally and where, owing to the absence of experts in the field in question, expert assistance by experts under the jurisdiction of the courts or public administrations is not possible, it shall be carried out, if the judge or the Court considers it appropriate, in a reasoned decision, by experts appointed in accordance with the provisions of the procedural laws, among the appropriate private technicians.

The judge or court may, in a reasoned decision, agree that free specialized expert assistance is provided by private technical professionals when it is to be provided to minors and persons with mental disabilities who are victims of abuse or ill-treatment, taking into account the circumstances of the case and the best interests of the child or the person with disabilities, and may be provided immediately.

7. Complimentary collection of copies, testimonies, instruments and notarial acts, as provided for in Article 130 of the Notary Regulation.

8. Reduction by 80 per cent of the tariff duties corresponding to the granting of public deeds and the obtaining of notarial copies and testimonies not covered by the previous number, when they are directly related to the proceedings and are required by the judicial body in the course of the proceedings, or serve as a basis for the claim of the beneficiary of the legal aid.

9. Reduction by 80 per cent of the tariff duties corresponding to obtaining notes, certifications, annotations, entries and inscriptions in the Registers of Property and Mercantile, when they are directly related to the process and are required by the judicial body in the course of the process, or serve as a basis for the claim of the beneficiary of the legal aid.

10. The tariff duties referred to in paragraphs 8 and 9 shall not be levied where the person concerned demonstrates revenue below the public multiple-effect income indicator.

11. The free assistance of a lawyer's professional in any of the appropriate means of dispute resolution permitted by law to comply with the requirement of procedurality provided for in article 5 of the Organic Law on Measures on the Efficiency of the Public Justice Service, when, in the eventual judicial process, the intervention of this professional is legally mandatory or when, not being so, the opposing party acts with him.

Paragraph 11 is added, with effect from 3 April 2025, by final provision 10.2 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3 is amended, with effect from 1 October 2018, by final provision 1.2 of Law 3/2018 of 11 June. Ref. BOE-A-2018-7831

Paragraphs 1, 2 and 10 are amended by final provision 3.4 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraphs 5 and 6 are amended by Article 2.5 of Royal Decree-Law 3/2013, of 22 February. Ref. BOE-A-2013-2029.

Paragraph 6 is amended by final provision 15 of Law 1/2000 of 7 January. Ref. BOE-A-2000-323.

Article 7. Temporary extension.

1. Free legal aid in the course of the same instance extends to all proceedings and incidents, including execution, but may not be applied to a different proceeding.

2. The right to free legal aid shall be maintained for the purpose of filing and subsequent proceedings against decisions that terminate the proceedings at the relevant instance, in which case the provisions of article 32 of this Law apply.

3. Where the competence to hear the appeals referred to in the preceding paragraph falls to a judicial body whose seat is in different locations, the registrar shall, after receiving the judicial orders, require the respective associations to appoint a lawyer and, where appropriate, an ex officio prosecutor who is acting in that judicial seat.

Paragraph 3 is amended by final provision 3.5 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 3 is amended by Art. 12.1 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 8. Economic insufficiency overtaken.

The right to free legal aid and benefits other than those applied for to the actor after the application has been filed or to the respondent after the response has been made shall not be recognized, unless they demonstrate in their application to the Free Legal Aid Commission that the circumstances and conditions necessary to obtain such assistance occurred after the application or response, respectively. Recognition of the right to free legal aid on the basis of circumstances that have occurred shall not be retroactive.

The application for the right shall not be made where the proceedings have already been completed by final decision, unless it relates to its enforcement.

Where the actor or defendant seeks recognition of the right in the second instance without having applied for it in the first instance, they shall establish before the Free Legal Aid Commission that the precise circumstances and conditions have arisen in the course of or after the first instance.

The same rule applies to a person seeking recognition of the right to lodge or follow the appeal in respect of the second instance.

The first paragraph is amended and the second paragraph is added by final provision 3.6 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

CHAPTER II

Jurisdiction and procedure for the recognition of the right to free legal aid

Article 9. Free Legal Aid Commission.

In each provincial capital, in the cities of Ceuta and Melilla and in each island in which one or more judicial parties exist, a Free Legal Aid Commission shall be established as the body responsible, within its respective territorial scope, for the recognition of the right regulated by this Law.

However, the competent body in the Autonomous Community may determine a different territorial scope for the Commission.

In addition, in relation to courts and tribunals with jurisdiction throughout the national territory, a Central Commission for Free Legal Assistance shall be established in the capital of the State under the General Administration of the State.

It is amended by art. 78.1 of Act No. 53/2002 of 30 December. Ref. BOE-A-2002-25412.

It is stated that the subparagraphs "in each province capital" and "in its corresponding territorial scope" violate the competences of the Generality of Catalonia and, therefore, do not apply in the territorial area of the Autonomous Community of Catalonia, by judgment of TC 97/2001, of April 5. Ref. BOE-T-2001-8433

Article 10. Membership of the Free Legal Aid Commissions.

1. The Central Commission for Free Legal Assistance shall consist of the Deans of the Bar Association and of the Madrid Bar Association, or the lawyer or attorney appointed by them, a State Attorney and an official of the Ministry of Justice belonging to bodies or scales of the A1 subgroup. The Commission shall be presided over twice a year by each of its members, with the exception of the official of the Ministry of Justice, who shall act as secretary.

2. The Free Legal Aid Commissions of the Autonomous Communities shall be composed of the Dean of the Bar Association and the Bar Association, or the lawyer or procurator designated by them, and two members designated by the public administrations on which they are responsible. The competent body of the Autonomous Community shall determine which of its members shall serve as the Chair and the Secretariat.

3. In the Free Legal Assistance Commissions under the General Administration of the State, the members of the Public Administration shall be a State Advocate and an official, who shall act as secretary, belonging to bodies or scales of the A1 subgroup, to be assigned to the Territorial Administration of the relevant Ministry of Justice or, failing that, an official of the aforementioned bodies or scales who renders his services to the Delegation or Sub-delegation of the Government of the territory concerned.

In the provinces where there is more than one Bar Association or Bar Association, the representative of these Corporations in the Commission shall be appointed by mutual agreement by the Deans of those Corporations.

Where the volume of cases or other justified circumstances so warrant, delegations of the Provincial Commission for Free Legal Assistance may be set up, with the composition and scope of action to be determined by regulation and ensuring, in any case, the homogeneity of criteria for recognising the right to free legal aid.

It is amended by final provision 3.7 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The first subparagraph of paragraph 3 is amended by additional provision 2 of Law 7/2003 of 1 April. Ref. BOE-A-2003-6586.

It is amended by art. 10 of Act No. 53/2002 of 30 December. Ref. BOE-A-2002-25412.

It is stated that the subparagraphs "are presided over by a member of the Public Prosecutor's Office" and "acting one of them as Secretary" in paragraph 1, violate the powers of the Generality of Catalonia and, therefore, do not apply in the territorial area of the Autonomous Community of Catalonia, by judgment of TC 97/2001, of April 5. Ref. BOE-T-2001-8433

Article 11. Operation of the Free Legal Aid Commissions.

The functioning of the Free Legal Aid Commissions will be in accordance with the provisions of the Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, for the collegiate bodies.

The Ministry of Justice and the Interior shall provide the necessary administrative support and technical support for the functioning of the Commissions under the General Administration of the State.

The Bar and Bar Associations shall make available to the Free Legal Aid Commissions the list of co-legislators attached to the free justice services, indicating, where appropriate, specializations.

Article 12. Request for the right.

1. The applicant for the right to free legal aid must indicate which benefits are included in Article 6 and whose recognition he requests. Recognition of the right to free legal aid shall in any event entail exemption from payment of the fees and deposits provided for in Article 6 (5). An application for recognition of the right may be made for the sole purpose of exemption from payment of the fees and deposits indicated.

2. Recognition of the right to free legal aid, which may include all or some of the benefits provided for in article 6, shall be required by the applicants before the Bar Association of the place where the court or tribunal is to hear the main proceedings for which they are sought, or before the court of their domicile. In the latter case, the judicial body shall transmit the petition to the territorially competent Bar Association.

The application may be made by any means, including those provided for in the rules on citizens' electronic access to public services.

3. Where litigants are involved in a proceeding, recognition of the right to free legal aid shall be initiated individually by each of the parties concerned.

4. Where, under the procedural laws, applicants are required to litigate under a single defence or representation, the full income and assets of applicants shall be taken into account for the purpose of recognition of the right. In this case, if it is established that the income and assets of each applicant do not exceed the thresholds laid down in Article 3 (1), counsel shall be appointed and, where appropriate, the office of attorney responsible for the joint representation and defence of all applicants.

5. If it is established that the income and assets of any of the applicants to be litigated under a single defence or representation exceed the thresholds laid down in Article 3(1) but do not reach the fifth point of the public multi-effect income indicator, the Free Legal Aid Commission may determine which of the benefits provided for in Article 6 shall be granted to the applicants.

6. Where the cost of the recognised benefits is to be borne by several litigants, the provision of the free legal aid scheme shall be limited to the proportionate share corresponding to the parties to whom the right has been granted.

Paragraphs 2 and 5 are amended and 6 are added by final provision 3.8 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

It is amended by art. 2.6 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

Article 13. Application requirements.

The application shall state expressly the benefits for which recognition of the right is sought, which may be all or some of the benefits provided for in Article 6 and shall record, together with the documents to be determined by regulation for accreditation, the information enabling an assessment to be made of the economic and property situation of the person concerned and of the members of his family unit, his personal and family circumstances, the claim to be asserted and the opposing party or parties to the dispute, if any.

The applicant shall be informed in the submission of the application of the power conferred on the Free Legal Aid Commission to consult the data referred to in Article 17, both of the applicant and, where appropriate, of his or her spouse or domestic partner, and shall give all concerned consent in the application.

Where the applicant for the right was not married or his marriage had been dissolved or was legally separated, he must confirm, by affidavit, that he has no de facto partner.

It is amended by final provision 3.9 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 14. Correction of deficiencies.

If the Bar Association finds that there are deficiencies in the application or that the documentation submitted is insufficient, it shall inform the interested party, setting out precisely the defects or deficiencies noticed and the consequences of the lack of correction, requiring him to complete it within ten working days.

After this time limit, without the required documentation being provided, the Bar Association will file the petition.

Article 15. Provisional designations and transfers.

If the application and its supporting documents prove that the petitioner is within the scope defined in article 2 of this Law, the Bar Association shall, after the defects have been remedied, proceed within 15 days of receipt of the application by the Bar Association or of the correction of the defects, to the provisional appointment of a lawyer and shall immediately inform the Bar Association of Attorneys so that, in the event that it is mandatory, within a maximum period of three days, it may be designated as a procurator to assume the representation.

In the event that the Bar Association finds that the petitioner does not meet the above conditions, or that the principal claim contained in the application is manifestly untenable or unfounded, it shall notify the applicant within five days that it has not made the provisional appointment of counsel provided for in the preceding paragraph and shall forward the application to the Free Legal Aid Commission.

The relevant file and provisional designations made shall be transmitted within three days to the Free Legal Aid Commission for verification and resolution.

In the event that the Bar Association does not issue a decision within fifteen days, the applicant may reiterate his application to the Free Legal Aid Commission, which shall immediately seek the file from the Bar Association, ordering at the same time the provisional appointment of a lawyer and a procurator, if the latter is required, and shall then follow the procedure laid down in article 17 of this Law.

Article 16. Suspension of the course of the process.

1. An application for recognition of the right to free legal aid shall not suspend the course of the administrative proceedings or proceedings.

However, in order to prevent the passage of time limits from leading to the closure of proceedings or the defencelessness of any party, the court clerk or administrative body, on its own initiative or at their request, may order the suspension until the decision on recognition or denial of the right to litigate free of charge, or the provisional appointment of a lawyer and a procurator if his intervention is mandatory or required in the interests of justice, provided that the application for the right has been made within the time limits laid down in procedural or administrative laws. This suspension shall also affect the period of termination referred to in paragraph 2 of Article 8 of Law 10/2012 of 20 Novemberregulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

2. Where the application for recognition of the right to free legal aid is made before the commencement of the proceedings and the action may be prejudiced by the expiry or limitation periods, the periods shall be interrupted or suspended, respectively, until the provisional appointment of a lawyer and, if required, the official prosecutor who is acting on behalf of the applicant; and if it is not possible to make such appointments, until the final decision is taken in administrative proceedings, recognizing or denying the right.

The calculation of the limitation period shall resume from the notification to the applicant of the provisional appointment of counsel by the Bar Association or, where appropriate, from the notification of the recognition or denial of the right by the Free Legal Aid Commission and, in any event, within two months of the submission of the application.

If this request has been denied, is clearly abusive and is only directed to delay the time limits, the judicial body hearing the case may calculate the time limits in the strict terms provided for by law, with all the consequences that result therefrom.

It is amended by final provision 3.10 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 2 is amended by art. 2.7 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

Paragraph 2 is amended by art. 12.2 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Paragraph 3 is amended by the sole article 4 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Article 17. Data verification, resolution and notification.

1. In order to verify the accuracy and reality of the economic data and, in particular, of the income and property information declared by the applicant to be entitled to free legal aid, including, where appropriate, those of his spouse or domestic partner, the Commission shall carry out the checks and collect telematically all information it deems necessary. This information may be obtained, in particular, from the relevant tax administration, from the land registry, from social security, as well as from property and commercial registers or from any other records that have information relating to the indications referred to in Article 3, and should be transmitted by telematic means. The Tax Administration and Social Security shall provide the necessary information within the framework of their specific regulations.

The Commission may also hear the opposing party(s) in the action or against those seeking to bring the action, where they are known and it is considered that they can provide information to ascertain the applicant's real economic situation.

2. The Commission shall, after carrying out the previous verifications, issue a decision within a maximum period of 30 days following receipt of the file by the Commission, recognising or refusing the right to free legal aid and determining which of the benefits apply to the application. After that period has elapsed without the Commission having expressly decided on the application, the decisions previously adopted by the Bar Associations or the Bar Associations shall be ratified, without prejudice to the obligation of the Bar Association to decide in accordance with the provisions of the Convention. Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

The decision shall be notified to the applicant, the Bar Association and, where appropriate, the Bar Association, as well as to the parties concerned within a common period of three days and shall be communicated to the administrative body or to the court or tribunal hearing the proceedings or, if the proceedings have not been initiated, to the local Dean Judge.

The communications and notifications provided for in this Article shall preferably be made by electronic means and, in any event, where they take place between public administrations, judicial bodies, legal professionals, professional associations and the Commission.

If the Bar Association has not issued a decision, the Commission shall be silent in a positive manner. At the request of the person concerned, the administrative body, if any, or the judge or court hearing the proceedings or, if the request is made prior to the initiation of the proceedings, the competent Dean Judge shall declare the right and require the professional associations to appoint a lawyer and a procurator on a provisional basis, where appropriate. This is without prejudice to any challenges to such an alleged estimate.

It is amended by final provision 3.11 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 18. Effects of the resolution.

Recognition of entitlement shall be in accordance with the benefits sought. It shall entail confirmation of the designations of counsel and procurator, if any, made provisionally by the professional associations.

If, on the other hand, the Commission rejects the claim, the designations that might have been made will be null and void and the petitioner will, if necessary, have to pay the fees and economic rights caused by the intervention of the professionals appointed on a provisional basis, in the same terms as provided for in article 27 of this Law.

The first paragraph is amended by final provision 3.12 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 19. Revocation of the right.

1. The erroneous declaration, distortion or concealment of data by applicants for free legal aid, which have been decisive for the recognition of the right, shall in any event, after hearing the person concerned, give rise to its revocation by the Free Legal Aid Commission, by reasoned decision, which, for these purposes, shall have powers of ex officio review.

The revocation referred to in the preceding paragraph shall entail the obligation of payment of all fees or entitlements accrued by the professionals involved since the granting of the right, as well as of the amount equivalent to the cost of other benefits obtained by virtue of the concession, without prejudice to any other liability that may arise.

2. If the court hearing the claim made by the beneficiary of the free legal aid finds that the right, recklessness, bad faith or fraud of law in the exercise of that right is abused, it shall declare the existence of the legal aid in the decision terminating the proceedings, revoke the right of legal aid and order him to pay the costs and procedural costs accruing to him at his instance, as set out in the preceding paragraph. Such revocation shall be communicated to the relevant Free Legal Aid Commission in order to ensure that the competent public administration obtains reimbursement, if necessary by the means of coercion, of any benefits obtained as a result of the recognition of their right to litigate free of charge.

It is amended by final provision 3.13 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 20. Objection to the resolution.

1. Those who have a right or a legitimate interest may challenge decisions which definitively recognize, revoke or deny the right to free legal aid.

Such a challenge, for which the intervention of a lawyer shall not be mandatory, shall be made in writing and in a reasoned manner, within 10 days of notification of the decision or after it has been known to any of the persons entitled to bring the decision before the Secretary of the Free Legal Aid Commission. The latter shall forward the challenge document, together with the file relating to the contested decision and a certificate thereof, to the competent court or tribunal or to the Dean Judge for distribution, if the proceedings have not been initiated.

2. Having received the statement of challenge and the documents and certification referred to in the preceding paragraph, the Registrar shall require the parties and the State Advocate or the corresponding Counsel of the Autonomous Community to submit in writing any arguments and evidence they deem appropriate within five days.

The judge or court may, on its own motion or at the request of a party, decide to hold a hearing if the challenge cannot be resolved with the documents and evidence provided. The court clerk shall indicate the day and time to take place within the following ten days.

3. When the allegations have been received or the appearance has been completed, the judge or court shall decide without further delay by order within five days, maintaining or abrogating the contested decision, with a financial penalty of 30 to 300 euros to the person who has promoted the challenge recklessly or with abuse of law.

There shall be no appeal against the order issued by the judge or court.

It is amended by final provision 3.14 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraphs 3 and 4 are amended by art. 12.3 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 21. Requirement of appointment of attorney and attorney.

If, in accordance with procedural or administrative law, the judicial body hearing the proceedings or the administrative body handling the case considers that, in the circumstances or the urgency of the case, the rights of defence and representation of the parties should be ensured immediately, and any of them should state that they lack financial resources, provided that this is necessary to obtain the right to free legal aid, it shall issue a reasoned decision requiring the professional associations to appoint a lawyer and a procurator on a provisional basis, where the designations have not been made in advance.

The court clerk or administrative body shall communicate such a decision by the earliest possible means to the Bar and Bar Associations, and the application shall then be dealt with in accordance with the provisions of the preceding articles.

It is amended by final provision 3.15 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 2 is amended by art. 12.4 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 21 bis. Replacement of the designated professional.

1. The person receiving free legal aid shall have the right to call for the appointment of new professionals by duly justified application, which shall not suspend the appointment of professionals already agreed upon.

2. Such application shall be made to the professional association which has made the designation. Once the application has been received, the College shall forward for five days the professional whose replacement is concerned, and shall then decide in a reasoned manner within fifteen days.

3. The decision assessing that the reason for the replacement is to be taken shall be communicated by the professional association responsible for the Free Justice Commission to the applicant and, immediately, to the new professional appointed in such a case.

4. The Free Legal Aid Commission may refuse the application for replacement by confirming the appointment of the acting professionals, provided that the application is based on a case that has already been rejected in relation to the same and professional case, without new facts or circumstances justifying it.

5. Decisions denying the right to appoint a new professional may be challenged by the beneficiary of free legal aid within the meaning of Article 20.

It is added, with effect from 1 October 2018, by final provision 2.3 of Law 3/2018 of 11 June. Ref. BOE-A-2018-7831

Added text, published on 12/06/2018, in force from 01/10/2018.

CHAPTER III

Organization of free legal aid, defence and representation services

Article 22. School-based management of free legal aid, defence and representation services.

The General Councils of the Spanish Bar and the Chambers of Attorneys of the Courts of Spain and their respective Colleges shall regulate and organize, through their Government Boards, the compulsory services of legal assistance and free defence and representation, guaranteeing, in any case, their continued provision and according to criteria of functionality and efficiency.

Professionals providing the compulsory legal aid service shall be entitled to compensation which shall be of a compensatory nature.

The Bar Associations shall establish advisory services for petitioners for free legal assistance, with the aim of guiding and channelling their claims. Such advice shall in any event be free of charge to applicants.

The Bar Associations shall provide applicants for free legal aid with the necessary information regarding the fulfilment of the requirements for the granting of legal aid, as well as assistance in the drafting of the relevant applications.

It is amended by article 2 (2) of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

Article 23. Professional autonomy and school discipline.

Professionals providing the compulsory free justice service, as referred to in this Act, shall conduct their activity freely and independently of judgement, subject to the rules of ethics and rules governing the operation of the co-operative free justice services.

It is amended by article 3 of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

Article 24. Distribution by shift.

The professional associations shall establish systems of objective and equitable distribution of the different shifts and means for the appointment of professionals of their own choosing. Such systems shall be public to all members and may be consulted by applicants for free legal aid.

Bar Associations, except for those where the small size of the activity is not necessary, shall have a permanent duty to provide legal aid to the detainee and a duty to provide prior counselling and legal assistance services to victims of gender-based violence, terrorism, trafficking in human beings and minors and persons with intellectual disabilities or mental illness who are victims of abuse or ill-treatment.

It is amended by final provision 3.16 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 25. Training and specialization.

The Ministry of Justice, in coordination with the competent Autonomous Communities, shall, following a report by the General Councils of the Bar and the Procurators of the Courts of Spain, establish the minimum general requirements for training and specialization necessary to provide the compulsory services of free legal assistance, in order to ensure a level of quality and professional competence that guarantees the constitutional right to defence. These requirements shall be binding on all professional associations.

It is amended by article 4 of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

It is amended by final provision 3.17 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 26. Corporate responsibility.

As regards the operation of the free legal aid services, the Bar and Bar Associations shall be subject to the same principles of liability established for the public authorities by the Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

CHAPTER IV

Designation of counsel and ex officio procurator

Article 27. Effects of the recognition of the right.

Recognition of the right to free legal aid shall entail the appointment of a lawyer and, where necessary, a public prosecutor, without the possibility in any case of a free lawyer and a freely chosen procurator acting simultaneously, or vice versa, unless the professional of free choice renounces in writing his fees or rights to the holder of the right to free legal aid and to the College in which he is registered.

If the right is not recognized, the professionals involved may receive the fees for the proceedings from their defendants or representatives.

Article 28. Resignation of designation.

Those entitled under this Act to free legal aid may, notwithstanding the provisions of the preceding article, expressly waive the appointment of a lawyer and a public prosecutor, freely appointing professionals of their own confidence, and this should be expressly stated in the application and simultaneously affect the waiver of such assistance to the lawyer and attorney.

The resignation following the appointment, which must also affect the lawyer and the public prosecutor appointed at the same time, must be expressly communicated to the Free Legal Aid Commission and the relevant professional associations and shall not entail the loss of the other benefits recognized in the granting of the right to free legal aid.

Article 29. Specialities of criminal jurisdiction.

In addition to the rules contained in this Act, the guarantees provided for in this Act shall apply in criminal proceedings. Spanish Criminal Procedure Act in order to ensure, in any event, the right to a defence from the moment of arrest.

Article 30. Service compensation.

The intervention of officially appointed professionals for assistance, defence and free representation may be compensated only where there is express recognition of the right to free legal assistance under the terms of this Act.

The amount of compensation shall be applied primarily to compensate for the professional actions provided for in Article 6 (1) to (3) of this Act, where they are intended for those who have obtained recognition of the right to free legal aid.

It is amended by article 5 of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

Article 31. Professional obligations.

Appointed lawyers and prosecutors shall perform their duties of assistance and representation in a real and effective manner until the completion of the proceedings in the judicial instance concerned and, where appropriate, the enforcement of sentences, if the proceedings in this instance take place within two years of the court decision rendered at the instance, without prejudice to the effect of the grounds for waiver or excuse provided for in the Act.

Only in criminal order may appointed lawyers excuse themselves from the defence. For this purpose, a personal and fair motive must be present, which will be appreciated by the Deans of the Colleges.

The excuse must be made within three days of notification of the designation and resolved within five days of its submission.

Article 32. Unsustainability of the claim.

Where the lawyer appointed for a trial considers the claim to be untenable, he shall inform the Free Legal Aid Commission within 15 days of his appointment, stating the legal grounds on which his decision is based. After that period has elapsed without such a communication, or without the lawyer requesting its interruption for lack of the documentation necessary to assess the claim, the lawyer is obliged to take up the defence.

Except as provided in the preceding article, the defence of the accused or accused shall be compulsory.

The first paragraph is amended by the sole article.5 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Article 33. Processing.

1. When counsel requests that the time limit provided for in the preceding article be interrupted, due to the lack of the necessary documentation, the Commission shall require the person concerned to submit it within a maximum period of 10 days.

After that period, the Commission shall close the application without the submission of such documentation by the person concerned.

Once the documentation has been submitted, it will be provided to counsel, with the deadline for analysing the feasibility of the claim being renewed.

If the Commission considers that the documentation available to counsel at the time of the application is sufficient to analyse the viability of the main claim, the request for interruption shall be inadmissible, with the deadline for the formulation of the non-sustainability from the notification of the decision of inadmissibility being reinstated.

2. The Commission shall, having regard to the unsustainability of the claim, seek an opinion from the Bar Association on its feasibility to be given within 15 days.

A well-founded report from the Public Prosecutor ' s Office will also be requested if the opinion of the Bar Association coincides with that of the appointed lawyer. That report shall be issued within six days.

The first subparagraph of paragraph 2 is amended by the sole article.6 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Article 34. Appointment of second counsel.

If the Bar Association or the Public Prosecutor ' s Office considers the claim to be defensible, a second lawyer shall be appointed. The opinions issued by the Bar Association and the Public Prosecutor's Office will be provided to the new lawyer, for whom the defence will be mandatory.

In the event that the Bar Association and the Public Prosecutor consider the claim indefensible, the Free Legal Aid Commission will dismiss the application.

Article 35. Unsustainability on appeal.

The same procedure provided for in the preceding articles shall be followed in the case of appeals against decisions that have terminated the proceedings at the relevant instance, if the appellant's counsel considers the claim to be unworkable.

The calculation of the time limit for the filing of appeals shall be suspended until the viability of the claim is resolved materially.

In the criminal order and in respect of convicted persons, the claim cannot be made unsustainable.

Article 36. Orders for costs.

1. If, in the decision terminating the proceedings, there is a decision on costs, in favour of the person who obtained recognition of the right to free legal aid or of the person who had legal recognition, the opposing party must pay the costs caused by the defence and representation of that person, and must be paid directly to the professional persons who have been appointed for his representation and legal direction, who will be entitled to urge his assessment and who will be obliged to return the amounts eventually collected from public funds for their intervention in the proceedings. For this purpose, the judicial office shall inform the relevant professional associations of this circumstance.

2. Where the decision terminating the proceedings is ordered to pay the costs of the person who has obtained the right to free legal aid or who has been legally recognized, the person concerned shall be obliged to pay the costs incurred in his defence and those of the opposing party, if within three years of the completion of the proceedings he is in a better position to pay, the limitation period being suspended in the meantime. Article 1,967 of the Civil Code. It is assumed that it has come to a better fortune when its income and economic resources for all concepts exceed twice the module provided for in article 3, or if the circumstances and conditions taken into account to recognize the right under this Law have been substantially altered. The Commission shall be responsible for declaring whether the beneficiary has come to a better fortune in accordance with Article 19, and the decision which it issues in the manner provided for in Article 20 may be challenged.

3. Where the judgment terminating the proceedings does not contain an express statement of costs, the beneficiary of the legal aid shall pay the costs incurred in his defence, provided that they do not exceed one third of what he has obtained in the proceedings. If they exceed that amount, they shall be reduced to the amount of that third party, taking into account their various items.

4. Where the right to free legal aid for proceedings in which the request for ‘litis expense’ applies is recognised and is granted in a final decision in favour of the party who disputes with the recognition of the right to free legal aid, the intervener and lawyer may require the latter to pay their fees up to the total amount of the item approved by the court for this concept.

5. With payment by the professionals appointed ex officio in accordance with the rules referred to in the preceding paragraphs, they shall be obliged to return any amounts received from public funds for their intervention in the proceedings.

For the calculation of their fees and fees, the rules on the fees of lawyers of each College, as well as the tariffs of the attorneys in force at the time of the conduct of the proceedings, shall be applied.

Paragraph 1 is amended, with effect from 3 April 2025, by final provision 10.3 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The title is amended by article 6 of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

Paragraphs 1 and 2 are amended by final provision 3.18 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

CHAPTER V

Subsidy and supervision of free legal aid services

Article 37. Grant.

The competent public authorities, ensuring the right to free legal aid to which the Article 119 of the Constitutionshall subsidize, from their budgetary allocations, the establishment, care and operation of free legal aid services by the Bar Associations and Attorneys.

It is amended by article 7 of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

The first paragraph is amended by final provision 3.19 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 38. Operating expenses.

The system will be established by means of which the cost to the General Councils and Professional Bar Associations and Procurators of operating the free legal aid services, the pre-trial counselling and guidance units and the provisional qualification of the claims sought will be subsidized from the budgetary allocations of the competent public administrations.

This system shall in any event comply with the following rules:

(a) The subsidy shall be determined for each College with a system of compensatory modules per case processed.

(b) Until the said requirement is met, the Colleges shall receive the amount resulting from the application of 8 per 100 to the economic cost generated in each liquidation period by the professional actions referred to in the preceding article.

The first paragraph is amended by final provision 3.20 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

It is amended by additional provision 30 of Act No. 14/2000 of 29 December. Ref. BOE-A-2000-24357.

Article 39. School-based grant management.

The General Councils of the Spanish Bar and the Colleges of the Attorneys of the Courts of Spain shall distribute to the Bars and Attorneys' Associations the amount of the subsidy corresponding to the activity carried out by each.

The General Councils and the Colleges, as partners in the management of the grant, shall be subject to the obligations laid down for those subjects by the General Budget Act.

Article 40. Compensation for scale.

In view of the typology of procedures in which the professionals appointed ex officio participate, the economic bases and compensation modules for the provision of free legal aid services will be established, following a report from the General Council of the Spanish Bar and the General Council of the Chambers of the Courts of Spain.

It is amended by article 8 of Law 2/2017 of 21 June. Ref. BOE-A-2017-7106

This amendment has been effective since 1 January 2017, as set out in the unique final provision of the Act.

Article 41. Complaints and complaints.

The Free Legal Aid Commissions shall transmit to the professional associations within their territory complaints or complaints made as a result of the proceedings of the professionals responsible for the co-operative services of free legal aid, without prejudice to any judicial proceedings that may be appropriate.

The Colleges shall be obliged to inform the said Commissions of the decisions and measures taken as a result of disciplinary cases which, if any, were initiated. Such resolutions may be appealed by the Committees.

CHAPTER VI

Disciplinary regime

Article 42. Disciplinary sanctions.

The disciplinary regime for lawyers and solicitors of free legal aid services shall be governed by the same general rules for the performance of these professions, with the following specialities:

(a) The improper collection of economic fees, fees or benefits shall always be considered to be a very serious offence.

(b) The imposition of penalties for serious or very serious offences related to the proceedings carried out pursuant to this Act shall in any event entail the exclusion of the professional from free legal aid services.

Article 43. Precautionary separation.

A disciplinary case may be opened by a professional association following complaints or complaints made by users of the free legal aid services, and where the seriousness of the allegations so advises, it may be agreed that the professional alleged to be responsible for such acts should be removed from the service for a maximum period of six months pending the determination of the disciplinary case.

CHAPTER VII

Implementation of international treaties and conventions on free legal aid in Spain

Article 44. Central Authority.

The Ministry of Justice and the Interior, through the Central Authority receiving the application in Spain of the European Convention on the Transmission of Applications for Free Legal Assistance of 27 January 1977 and the Hague Convention on International Access to Justice of 25 October 1980, shall make applications for legal aid under those Conventions to the Free Legal Aid Commissions.

Article 45. Processing.

The processing of legal aid applications referred to in the preceding article shall be in accordance with the rules of procedure laid down in this Act, with the following exceptions:

(a) The time limit for the challenge provided for in article 20 shall be two months.

(b) The deadline for the correction of deficiencies referred to in article 14 shall be two months from the date on which the Commission for Free Legal Assistance reports the documentary deficiency.

(c) The documents submitted shall be drawn up or translated into Spanish and shall be exempt from any formality of legalization or apostille.

CHAPTER VIII

Free legal assistance in cross-border disputes within the European Union

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Section 1.a General rules

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 46. Scope.

1. In cross-border disputes, natural persons, who are citizens of the European Union or nationals of third countries legally residing in one of the Member States, shall be entitled to free legal assistance regulated by this Chapter only. For the purposes of this Chapter, the Member State of the European Union shall mean all Member States except Denmark.

2. The benefit of free legal aid shall be recognized only in civil or commercial disputes, as well as in extrajudicial proceedings in the same matters where the law imposes such relief on the parties or the Court or Court refers them to such proceedings.

In application of the Council Regulation (EC) No 44/2001 of 22 December 2000on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, the benefit of free legal aid shall also be recognised in cross-border disputes arising out of a contract of employment.

Free legal aid may also be granted, where the requirements of this Act are met, to:

(a) Enforcement of judgements handed down by the courts of other Member States of the European Union in which the benefit of legal aid has been obtained.

(b) Enforcement of public documents with executive force.

3. Within the scope of this chapter, its provisions will prevail among Member States over multilateral and bilateral conventions and treaties ratified by them. In relations with other States, the implementation of this chapter shall not affect the remaining multilateral and bilateral conventions and treaties ratified by Spain.

Paragraph 3 is amended by Art. 12.5 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 47. Cross-border litigation.

1. For the purposes of this law, cross-border litigation means a dispute in which the party seeking free legal aid habitually resides or is domiciled in a Member State of the European Union other than that in which the court or tribunal competent for its knowledge is located or in which the decision is to be enforced.

2. For the purpose of determining the Member State in which a part of the cross-border dispute is domiciled, the provisions of Article 59 shall apply. Council Regulation (EC) No 44/2001 of 22 December 2000on jurisdiction, recognition and enforcement of judgments in civil and commercial matters.

3. The time taken to determine whether a cross-border dispute exists shall be that of filing the application under this Chapter.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 48. Emitting and receiving authorities.

Within the scope of this Chapter, the issuing and receiving authorities of requests for free legal assistance to be sent or received in Spain by the Bar Associations.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Section 2a. Recognition of law in Spain

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 49. Requirements for the recognition of the right.

1. Anyone applying for free legal aid under this Section must reside or be domiciled in a Member State of the European Union other than Spain. The requirements set out in articles 3 to 5 of this Act shall be observed for the recognition of this right.

2. The economic limits set out in this law shall not prevent the applicant who exceeds them from obtaining the benefit if it proves that he or she is unable to bear the procedural costs due to differences in the cost of living between the Member State of his or her residence or domicile and Spain. In such a case, account shall be taken of the applicant's compliance with the economic criteria applicable in the Member State of his domicile or habitual residence in order to grant legal aid.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 50. Material content of the right.

1. The right to free legal aid recognised under this Section covers all the benefits referred to in Article 6, with the exception of Article 6 thereof.

2, with the temporary extension of Article 7, and in addition:

(a) Interpretation services.

(b) The translation of documents submitted by the beneficiary at the request of the court or court or the competent authority which are necessary to resolve the case.

(c) The costs of travel borne by the applicant, where the applicable rules or the court or tribunal require his or her personal appearance to defend his or her claim, and the court or tribunal decides that there are no other satisfactory means of taking a statement. In order to consider whether the personal assistance of the applicant, a witness or an expert is necessary, the courts and tribunals shall take into account the provisions of the Convention. Council Regulation (EC) No 1206/2001 of 28 May 2001on cooperation between the courts of the Member States in the field of obtaining evidence in civil or commercial matters and, where appropriate, other applicable conventions or rules.

(d) The defence and free representation of a lawyer and a procurator in judicial proceedings, when, in the absence of a legal requirement, the intervention of these professionals is expressly required by the court or tribunal by reasoned order in view of the complexity of the case or in order to ensure the equality of the parties to the proceedings.

2. Documents submitted by the issuing authorities competent under this Chapter shall be exempt from legalization and from any other equivalent formality.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 51. Request for the right.

1. Applications for free legal aid from another Member State of the European Union for cross-border litigation shall be submitted to the Bar Association of the place where the Court or Court is to hear the main proceedings for which the Court is requested or to which the recognition or enforcement of a decision is sought.

Where the Bar Association receiving the application considers that it is incompetent for its processing, it shall forward it to the College which it considers competent, in a reasoned manner. If the latter also rejects the application, he shall send it to the General Council of the Spanish Bar to decide which is the Bar Association of the district of the Court or Court to which it is to be dealt with, determined in accordance with the rules of the Articles 44 et seq. of Law 1/2000 of 7 JanuaryCivil prosecution, or, where applicable, international standards that are applicable.

Where exceptional recognition of the right is sought on the ground of any of the circumstances provided for in article 5 of this Law or where the inability to meet the procedural costs provided for in article 49.2 of this Law is alleged, the Bar Association shall immediately transmit the request and documentation to the Free Legal Aid Commission for the determination of the claim.

Applications shall be completed in the official format established for that purpose and may be submitted either directly by the person concerned or through the competent issuing authority of the Member State in which the applicant has his habitual residence or his domicile. Applications shall be accompanied by the documents on which the claim is based.

2. In the event of the attendance of litigants in the same proceedings, the recognition of the right shall be individualized for each of the parties concerned, in accordance with article 12.

3. The Ministry of Justice, through the competent body under Article 10 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure, shall notify the European Commission of the names and addresses of the receiving or issuing authorities competent in Spain, the geographical areas for which they have competence, the means of receiving applications and, where appropriate, the official language or languages of the institutions of the Community, in addition to Spanish and, where appropriate, of the official languages of the Autonomous Community in which the issuing and receiving authorities are based, in which it shall be accepted that the requests for legal aid and the relevant supporting documentation be completed.

When an application or the corresponding documentation is received in a language not accepted in Spain, they shall be immediately returned to the person who submitted them for translation and submission within 15 days of receipt of the request.

4. Once the application has been submitted, the rules laid down in Articles 13 to 21 shall be followed in such cases, with the speciality that the deadline for remedying the deficiencies in Article 14 shall be 15 days. The rules set out in Chapter IV shall also be observed, so far as they apply.

In any event, the applicant shall be informed of the processing of his application, the decision of which shall be reasoned in the event of a total or partial refusal.

5. In cases where recognition or enforcement of a judicial decision issued by a court or tribunal of another Member State of the European Union in which the benefit of legal aid has been obtained is to take place in Spain, the right to free legal aid shall be established by application confirming the recognition of the right in that State and the fulfilment of the requirements of Article 49.

The benefit of free legal assistance for the execution in Spain of enforceable public documents may also be granted where the applicant demonstrates compliance with the requirements of Article 49.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Section 3.a Recognition of law in other Member States

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 52. Rights in Spain.

Natural persons having their habitual residence or domicile in Spain who seek to benefit from free legal assistance in another Member State of the European Union in a cross-border dispute as provided for in this Chapter may have access in Spain to the following rights:

(a) Assistance from the legal guidance services of the Bar Association for the residence or domicile of the applicant pending the submission of the application for legal aid in the Member State where the Court is located. Such assistance shall include advice to the applicant to ensure that the application is accompanied by all the supporting documentation necessary to enable it to be resolved.

(b) Translation of the application and the necessary supporting documentation to be submitted to the authorities of that Member State.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 53. Processing.

1. The rights referred to in Article 52 may be applied to the Bar Association for the habitual residence or domicile of the applicant.

If the Bar Association finds that the petition is manifestly unfounded or does not fall within the scope of this Chapter, it shall notify the applicant within five days, and shall forward the application to the Free Legal Aid Commission for a final decision on the refusal to submit the application.

2. It shall be for the Bar Association to transmit the request for free legal aid to the receiving authorities of the Member State of the European Union where the Court competent for the dispute in question is located. It shall be sent within 15 days of the date on which the application is completed in the language or in one of the languages accepted by the Member State of the receiving authority and also the supporting documents, translated, if necessary, into one of those languages.

3. Without prejudice to the provisions of the preceding paragraph, the applicant may benefit from the rights referred to in Article 52 and submit for himself the application for legal aid to the competent receiving authority of the Member State in which the Court is located or where the decision is to be enforced.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Article 54. Denial of the right.

Where the competent authority of another Member State refuses the application for legal aid made from Spain exercising the rights set out in Article 52, reimbursement of the costs of translations shall be required, if the circumstances provided for in Article 19 are met.

It is added by Article 7 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Additional provision one.

1. Chapter I, Articles 9, 10.1, 12 and 16 to 21 of Chapter II, Articles 27 to 29 and 31 to 36 of Chapter IV, Chapter VII, the third, fourth and fifth additional provisions, the derogation provision and the first bis final provision are governed by the powers conferred on the State by Article 149.1.3.a, 5a and 6a of the Spanish Constitution, on international relations, the administration of justice and procedural legislation, respectively.

2. Chapter III, articles 25 and 26, and chapter VI, are rendered by virtue of the competence of the State recognized in the Article 149.1.18.a of the Spanish Constitution, under which it is for the latter to issue the ‘Basis of the Legal Regime of Public Administrations’.

3. The other provisions shall apply in the absence of specific rules of the Autonomous Communities which have assumed the effective exercise of the powers to provide means for the administration of justice.

Paragraph 1 is amended by final provision 3.21 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

It is stated that the reference to the aforementioned paragraphs of Articles 9 and 10.1 of paragraph 1 infringes the powers of the Generality of Catalonia and, therefore, do not apply in the territorial area of the Autonomous Community of Catalonia, by judgment of TC 97/2001 of 5 April. Ref. BOE-T-2001-8433

Second additional provision.

Without prejudice to article 2, the Spanish Red Cross shall have the right to free legal aid, without the need to prove insufficient resources to litigate.

The same right shall be accorded to the Associations of Consumers and Users, as provided for in Article 2.2 of the Convention. Law 26/1984 of 19 July 1984, for the Defense of Consumers and Users.

The right to free legal aid, without the need to prove insufficient resources to litigate, is also recognized for associations of public utility which aim at promoting and defending the rights of persons with disabilities identified in the Convention. Article 1.2 of Law 51/2003 of 2 Decemberequal opportunities, non-discrimination and universal accessibility of persons with disabilities.

Paragraph 3 is added by the sole article.8 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Additional provision 2 bis. Membership of the Free Legal Aid Commissions in exceptional cases.

Exceptionally, when the needs of the service so require, an official acting as secretary in the Free Legal Assistance Commissions under the General Administration of the State may be replaced by a public employee belonging to professional subgroup A1 for the Territorial Management of the Ministry of Justice concerned or, failing that, in the Delegation or Sub-Delegation of the Government of the territory concerned.

It is added by final provision 3.22 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Text added, published on 06/10/2015, in force from 07/10/2015.

Additional provision three.

The following articles relate to the Civil Procedure Actshall read as follows:

1. Article 844 shall read as follows:

‘Where the appellant has the right to free legal aid, he shall be held to be a person in time before the High Court, if he appears before the Court at the end of the proceedings or through another person, requesting the appointment of a lawyer and a public prosecutor.

The same claim may be made upon placement, in which case the Registrar shall record it in the proceedings.

In such cases, the appointment shall be made in accordance with the provisions of the Law on Free Legal Assistance and shall be understood by the public prosecutor appointed ex officio to represent the appellant.’

2. Article 1701 shall read as follows:

‘If the appellant has been granted the right to free legal aid, the appointment of a lawyer and attorney to defend and represent him shall be made in accordance with the provisions of the Free Legal Assistance Act and the time limit for filing the appeal shall be calculated from the date of the communication of the designations, provided that the party has made a request within 10 days of the notification of the judgment.’

3. The first paragraph of rule 6a of article 1,708, shall read as follows:

‘Where the appeal is brought by the lawyer appointed on his own motion, he shall always have a period of not less than 20 days, from the following day to the day in which the proceedings are available to do so, the period of the forty days fixed at the place of business being interrupted if necessary.’

Additional provision four.

Articles and headings listed below Spanish Criminal Procedure Act have the following wording:

1. Title V of Book I shall be referred to as ‘The right of defence and free legal aid in criminal proceedings’.

2. Article 121 shall read as follows:

‘All those who are parties to a case, if they have not been granted the right to free legal aid, shall have an obligation to satisfy the rights of the procurators representing them, the fees of the lawyers defending them, the fees of the experts who report to their instance and the compensation of the witnesses they submit, where the experts and witnesses, when they testify, have made their claim and the judge or court considers it.

Neither during the case nor after the conclusion of the case shall they be required to pay the other costs of the proceedings, unless they are convicted.

The attorney who, appointed by those who have been a party to a case, has accepted his or her representation shall be obliged to pay the fees to the lawyers to use the clients for their defence.

Those who have been granted the right to free legal aid may avail themselves of the right of attorney and attorney of their choice; but in this case they shall be obliged to pay their fees and rights, as provided for in respect of those who do not have such a right, unless the professionals of free choice waive the collection of fees or rights as provided for in article 27 of the Free Legal Assistance Act.’

3. The last paragraph of article 875 shall read as follows:

‘If the appellant has been granted the right to free legal aid or has been declared insolvent in whole or in part, he shall be obliged to pay the amount referred to, if he comes to a better fortune, in the manner laid down in Article 857.’

Additional provision 5.

Article 21 of the Labour Procedure Act, a consolidated text adopted by the Royal Legislative Decree 2/1995 of 7 April 1995shall read as follows:

‘1. The defence by counsel shall be optional in the instance, except as provided for in the following article, but may be used by any of the litigants, in which case the payment of the respective fees or rights shall be on their account, with the exceptions set out in section 2(d) of the Law on Free Legal Assistance.

2. If the plaintiff intends to appear in the assisted trial of a lawyer or represented by a public prosecutor or a collegiate social graduate, he or she shall so state in the application. The defendant shall also inform the court or tribunal in writing, within two days of his or her summons for trial, so that, transferred to the actor, he or she may be represented by a public prosecutor or a collegiate social graduate, appoint a lawyer within another time limit, or request his or her appointment through the turn of his or her office. Failure to comply with these requirements implies the renunciation of the party's right to avail itself of the legal process of attorney, attorney or social graduate.

3. If in any other action, which is different from the act of trial, either party intends to act as a lawyer, the judge or court shall take appropriate measures to ensure equality of the parties.

4. An application for the appointment of a lawyer by the employees and beneficiaries of the social security system shall entail the suspension of the time limits for the expiry or the interruption of the limitation period for actions.’

Additional provision 6. Information to the Ministry of Justice on cross-border disputes.

For statistical purposes, the Bar Associations shall send a list of applications for recognition of free legal aid in cross-border disputes concluded in the other Member States, with express indication of the State concerned, where the applicant for the right has his habitual residence or his domicile in Spain, as well as of applications for recognition of free legal assistance in cross-border disputes concluded in Spain, with express indication of the State of habitual residence or domicile of the applicant for the right, to the General Council of the Spanish Bar, which the latter shall transmit to the Ministry of Justice.

It is added by the sole article.9 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Additional provision 7. Use of electronic, computer and telematic media.

The competent public administrations shall endeavour and encourage the use of electronic, computer and telematic means in the procedures for the recognition of the right to free legal aid, and in particular in the case of the cases provided for in the Chapter VIII of Law 1/1996 of 10 January 1996, free legal aid.

It is added by Article 10 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Additional provision 8th. Replacement of references to the minimum interprofessional wage.

All references contained in this law and its development regulations to the inter-occupational minimum wage shall be understood to be made to the public multi-effect income indicator and its valuation shall be carried out in accordance with Article 3.

It is amended by art. 2.8 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

It is added by the sole article.11 of Law 16/2005 of 18 July. Ref. BOE-A-2005-12376.

Text added, published on 19/07/2005, in force from 20/07/2005.

Single transitional provision.

Applications for legal aid, submitted prior to the entry into force of this Law, shall be governed by the regulations in force at the time of the application.

Single derogation provision.

All provisions contrary to this Act are repealed, and in particular:

(a) From the Civil Procedure Act:

– Article 4(4), first subparagraph, where it reads ‘free justice’.

– Articles 13 to 50, both inclusive.

– Rules 3a, 4a and 5a of Article 1,708.

– Article 1,719.

(b) From the Spanish Criminal Procedure Act:

– Rule 119.

– Rule 120.

– Articles 123 to 140, inclusive.

– Article 788(2), (4) and (5).

– The last paragraph of Article 874.

– The first three paragraphs of Article 876.

(c) From Royal Legislative Decree 2/1995 of 7 April 1995approving the Consolidated text of the Labour Procedure Act:

– Articles 25 and 26.

(d) Of the Law Regulating Litigation-Administrative Jurisdiction of 27 December 1956:

– Rule 132.

(e) The Article 6.3 of Royal Decree-Law 18/1982 of 24 September 1982, of regime of the funds of Guarantee of Deposits of Private Banks, Savings Banks and Credit Cooperatives.

(f) The Article 59(3) of Royal Legislative Decree 1/1994 of 20 June 1994approving the consolidated text of the General Social Security Act.

Final provision one.

Within six months of the publication of this Law, the Government shall, within the scope of its powers, issue the General Regulations for the development of this Law, which shall necessarily contain the following points:

(a) The rules governing the organization and operation of the Free Legal Aid Commission.

(b) Standardization of documents to be submitted by applicants for free legal aid.

(c) The procedure for the application of the subsidy.

(d) The system of determining economic bases and compensation modules from public funds for the provision of free legal aid services.

(e) The system for providing free expert assistance provided for in Article 6(6).

Final provision 1 bis.

This Act contains the rules for the incorporation into Spanish law of the provisions of Council Directive 2003/8/EC of 27 January 2003 aimed at improving access to justice in cross-border disputes by establishing common minimum rules for legal aid for such disputes.

It is added by final provision 3.23 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Text added, published on 06/10/2015, in force from 07/10/2015.

Final provision two.

This Law shall enter into force six months after its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, private individuals and authorities who keep and enforce this Law.

Madrid, 10 January 1996.

JUAN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ