Guidance

Legal aid in Spain

Updated 8 June 2023

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This publication is available at https://www.gov.uk/government/publications/legal-aid-in-spain/legal-aid-in-spain

Disclaimer

The following information has been prepared by the British Consulate General Madrid for the convenience of British Nationals who may require these services and assistance in Spain. Whilst every effort is made to ensure that the information provided is correct, no responsibility or liability whatsoever is accepted for any errors or omissions that may occur. Specific legal advice should be taken in each case.

In Spain, legal aid (“asistencia jurídica gratuita”) is a means-tested mechanism that helps members of the public who can demonstrate insufficient financial means, to meet the costs and fees of legal proceedings and court litigation.

The law and regulations governing Legal Aid in Spain are set out respectively in: Ley 1/1996, de 10 de enero, de asistencia jurídica gratuita; Real Decreto 141/2021, de 9 de marzo, por el que se aprueba el Reglamento de asistencia jurídica gratuita.

See also the General Council of Spanish Lawyers website for further information (English translation available).

The costs of a trial and who should normally pay them

Legal Aid may cover the following costs that going to court usually entails:

  • pre-trial legal advice
  • lawyer and ‘Procurador’ fees. Procuradores serve as intermediaries between lawyers and the court, through which are formal written communications are passed; there is no exact equivalent in UK court systems
  • court fees, which depend on the size and type of case
  • costs of publishing announcements in official journals
  • deposits required for lodging certain appeals
  • experts’ fees
  • affidavits
  • an 80% reduction in the fees for notarial deeds and certificates from the land registry
  • translation and interpretation services

These costs normally have to be paid in advance by the party concerned. At the end of the trial the court has to decide which party is ultimately to bear the costs. In Spain this is known as the “condena en costas” (order to pay the other party’s costs) and is governed by the “loser pays” principle.

In civil courts however, the claimant or defendant has to be 100% successful in its claim in order to be awarded costs in its favour, otherwise no costs order is made.

The amount of costs awarded is subject to an assessment procedure called “tasación” (valuation) which usually reaches a figure significantly less than the actual legal costs and expenses paid out.

  • Spanish citizens
  • nationals of other Member States of the European Union
  • any other foreign national have the right to legal aid in Spain if they can demonstrate insufficient means for litigation, and provided they are resident in Spain or are able to show an automatic qualification regardless of residence (see below)
  • public-interest associations, foundations, and employment law cases may also qualify for legal aid in Spain

Your particular circumstances and the type of court case you are party to will determine whether you automatically qualify for legal aid in Spain (see Automatic right to legal aid, or if access is dependent on the outcome of financial means testing (see Means testing thresholds.

Regardless of the existence of sufficient financial means, the nationality or residency status of the applicant, legal aid in Spain is automatically granted to:

  • victims of gender or domestic violence; human trafficking; and terrorism; in any prosecutions linked to, arising from, or being the consequence of their status as a victim
  • children and adults incapacitated due to intellectual disabilities or mental health, when they have been victims of abuse or neglect
  • any person in employment or in receipt of Spanish Social Security benefits, pursuing or involved in employment proceedings

In addition, the right to free legal aid is recognised for those who, due to an accident, can prove permanent consequences that completely prevent them from performing the duties of their regular job or profession and who require the help of other people to perform essential daily activities, when the object of the litigation is a claim for compensation for personal injury and moral damages.

If you have been a victim of a crime not listed above and wish to know if you are eligible for legal aid, you should contact the nearest victims of crime office in your region of Spain, Colegio de Abogados (local Bar Association) or the legal aid office at the court regarding your particular case.

Means testing thresholds

If none of the above circumstances apply to you and you wish to request legal aid in Spain, your application will be subject to means testing based on the following income thresholds:

  • incomes must not exceed two times the IPREM (Spanish official public income index) when the applicant is not part of a family unit. For example, in 2023 the (monthly) IPREM is €600
  • two and a half times the IPREM if the applicant is part of a family unit (less than 4 members)
  • three times the IPREM if the family unit comprises 4 or more people

Criminal matters

Legal aid is available for all cases for all citizens, even foreigners, who can demonstrate insufficient means for litigation, even when they do not legally reside in Spain. It covers all proceedings, except minor offences, for which the services of a ‘procurador’ and lawyer are not compulsory, unless the person against whom the criminal proceedings are addressed has exercised his right to be assisted by a lawyer and the Court considers it appropriate, taking into account the seriousness of the offence in question and the personal circumstances of the applicant for legal aid. It includes appeals and enforcement of judgments.

Legal aid is automatically granted to victims of gender or domestic violence; human trafficking; and terrorism; for any prosecutions linked to, arising from, or being the consequence of their status as a victim.

If you have been a victim of a crime not listed above and wish to know if you are eligible for legal aid, you should contact the nearest victims of crime office in your region of Spain, Colegio de Abogados or the legal aid office at the court regarding your particular case.

Civil matters

Legal aid is available for cases involving sums of over €901.52 and also includes appeals and enforcement of judgements.

In cases involving smaller sums, for which the services of a procurator and lawyer are not compulsory (those proceedings involving sums of less than €2.000), legal aid may be granted where the other party has legal representation or where explicitly called for by the judge or court to ensure that the two parties are on an equal footing.

The same rule is applicable to admonitory (“monitorio”) proceedings which are civil claims, typically used for smaller amounts, demanding the payment of documented debts.

Administrative matters

All foreign citizens who can certify insufficient means for litigation, even if they do not reside legally in Spain, are entitled to free legal assistance in all proceedings relative to their application for asylum and the Foreigners Immigration Law (including preliminary administrative proceedings).

Procedure for emergencies

On consideration of the circumstances of the case or its urgency, the judge or court may order a procurator and lawyer to be temporarily appointed with immediate effect. However, regardless of this appointment, legal aid may be refused if the person concerned fails to demonstrate that they have insufficient means in accordance with the ordinary procedure.

The application form is available at:

You must attach supporting documentation that demonstrates:

  • your own financial situation and the financial situation of the members of your family unit
  • your personal and family circumstances
  • the legal protection sought
  • claim to be filed with the courts and procedural stage thereof
  • identification of the opposing party in the litigation (if any)

The application for legal aid must be filed with the Bar Association in the place where the court responsible for trying the main issue is located, or with the Court of your place of residence.

Nationals of European countries which are party to the European Agreement on the Transmission of Applications for legal aid may file their application with the central authority designated by their country for that purpose. This applies to civil, commercial and administrative cases only.

You must file your application before starting proceedings, or if you are the defendant, at the time of filing the written defence brief. However, whether you are a claimant or a defendant, you may apply for legal aid at a later stage, provided you can demonstrate that your financial circumstances have changed.

Victims of crime may also be submitted to the Justice Administration’s Victim Support offices, who then pass it on to the Bar Association. See Art.16 Law 4/2015, 27 April, on the standing of victims of crime

The Bar Association’s response to the application is formalistic and may adopt any of the following provisional decisions:

  • to notify you that there are defects in the application which must be rectified within 10 working days, failing which, the application will be closed;
  • to declare the application inadmissible or unfounded and notify the Legal Aid Commission accordingly
  • to declare that the application fulfils the statutory requirements, in which case a procurator will be appointed within 15 days and the respective Bar Association will be notified so that it can appoint a lawyer within 3 days; the Bar Association will also submit an application to the Free Legal Assistance Commission for final approval

If the Bar Association fails to reply within 15 days, you may apply directly to the Free Legal Assistance Commission, which will decide forthwith whether to provisionally appoint a lawyer and a ‘procurador’ pending verification of the information and documents.

The final decision on whether or not to grant legal aid must be adopted by the Free Legal Assistance Commission within 30 days following receipt of the complete application.

If, after 30 days, a decision has still not been taken, the provisional decisions adopted by the Bar Association will be ratified. If the Bar Association also fails to reply, their silence is deemed to be an approval.

The applicant is notified of the decision within three days, as is the ‘Procurador’ Association, the Bar Association and the judge or court hearing the case (or the senior member of the court if the proceedings have not yet commenced).

If you are the claimant, you must file your application, before instituting proceedings, with the Bar Association in the place where the court responsible for trying the main issue is located or with the Court in your place of residence.

If you are the defendant, you must file your application before filing your defence. An application filed by a defendant does not suspend the action; nonetheless, the court may, of its own initiative or at the defendant’s request, suspend the proceedings pending the decision awarding or refusing the free legal aid.

In general, a procurador is appointed by the Bar Association on a rotational basis. However, you may choose your own procurador, provided that he or she agrees not to charge.

In any case, you will have the right to request the substitution of the appointed professional by means of a duly justified request, which will not suspend the designation of the professionals already assigned.

Legal aid covers the following costs:

  • pre-trial legal advice
  • ‘procurador’ and lawyers’ fees
  • costs of publishing announcements in official journals
  • deposits required for lodging certain appeals
  • experts’ fees
  • affidavits
  • an 80% reduction in the fees for notarial deeds and certificates from the Property Register and the Mercantile Register.
  • Translation services

If your monthly income is more than three, but less than five times the IPREM, the Legal Aid Commission may exceptionally grant you legal aid in view of your personal and family circumstances (e.g. in 2023 the IPREM is € 600 per month).

In such cases, the Commission itself decides exactly which costs are to be covered. The costs not covered will have to be met by you, pending the court’s ruling on who to award the costs to. If the Court orders the other party to pay your costs, it is from him or her that you should claim any costs you have had to meet out of your own pocket.

  • free legal aid covers all the stages of legal proceedings, including appeals and enforcement
  • however, if enforcement action is instituted more than two years after the final judgment, a new free legal aid application must be submitted
  • legal aid may not be used for proceedings other than those for which it was granted

The decision granting legal aid may be revoked if it was obtained through an incorrect statement, falsehood or omission on the part of the applicant.

Legal aid may stop being paid if the financial situation of the person to whom it was granted improves within three years.

You can appeal against a legal aid decision by writing to the Secretary of the Legal Aid Commission within ten days of the date on which you were notified of the decision. Your appeal will be considered by the court within five days by issuing a Court Order.

What happens if I lose, or there is no order for costs?

If a court order for costs is issued against the applicant for legal aid, they would only be obliged to pay those costs if their financial circumstances change within 3 years from the decision (in general, if their income is more than twice the IPREM ).

If the decision does not contain a judgment regarding the legal costs and the applicant is successful, they will be obliged to pay their own legal costs (where these costs are less than a third of the judgment amount awarded).

Useful vocabulary

‘Procurador’ This is the professional legal representative who is responsible for formal communications with the court, delivery of briefs at the court office etc. Procuradores serve as intermediaries between lawyers and the court, there is no exact equivalent in UK court systems
Lawyer (Abogado) This is the legal professional who would usually provide the substantive legal advice, prepare the case, briefs and evidence, and speak in Court on your behalf.
Depending on the type and value/importance of the matter, either or both of these may be required to represent you in a court case. In order to represent you, they must have a “Litigation Power of Attorney” (Poder para pleitos) from you which you have to sign in front of a Notary Public (Notario) or in front of the Court Officer.
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