Monitor Prawniczy

no. 4/2023

Prerequisites for granting legal aid and their assessment

DOI: 10.32027/MOP.23.4.2
Filip Stradomski
Autor jest adwokatem w dr Filip Stradomski Kancelaria Adwokacka.
Abstract

The article is a continuation of the author’s reflections on legal aid in administrative court proceedings presented in “Monitor Prawniczy” in July and September 2022. As part of the study, the article analyses the prerequisites for granting legal aid (positive and negative) to natural and legal persons, as well as other organizational entities without legal personality. The analysis has also covered issues relating to the assessment by a court referendary and in particularly justified cases by the court whether these prerequisites have been fulfilled. The article also formulates a de lege ferenda postulate that is important for the practice of applying the provisions on legal aid as regards declarations made by the parties applying for this right and using the services of an attorney of choice. The reflections have been supported with jurisprudence of the Supreme Administrative Court and voivodship administrative courts..

Keywords
administrative court proceedings, legal aid, conditions for granting legal aid, PPPr form (application for granting legal aid to a legal person), PPF form (application for granting legal aid to a natural person)