From January 1, 2021, legal aid becomes more accessible thanks to a simplified and streamlined procedure. The decree authorizing this important reform was published on December 29, 2020. The next step - the possibility of making an online request - will be gradually implemented throughout France from the spring, indicates the Ministry of Justice.
The main measures entering into force on 1 January concern the two essential eligibility criteria for legal aid:
· The previous mechanism provided for “resources of all kinds” to be taken into account, with many exceptions. Tomorrow, only the Reference Fiscal Income (RFR) or, failing that, the taxable resources of the applicant, will be taken into account, according to the following scale:
- Total legal aid: RFR <11 €
- Partial legal aid: € 11 <RFR <€ 262
The adjustments for dependents are now based on the composition of the tax household and are calculated according to the number of dependents.
Savings and real estate assets were taken into account in a heterogeneous manner. From January 1, the asset values beyond which the applicant is no longer eligible will be fixed by decree.
The next important step of the reform will be to allow the filing of a legal aid application online, thanks to the new information system for legal aid, which will first be tested in a few jurisdictions as of spring. , before its gradual deployment throughout the country. People who submit their legal aid application online will be exempt from providing a lot of information and supporting documents, in accordance with the “Tell us once” principle.
The modernization and simplification of the processing of legal aid requests will have the effect of shortening the processing times for these requests, to the benefit of the most disadvantaged people.
In Saint-Martin, there are many people who request the device. If the request can be made locally, it is processed in Guadeloupe, which generates delays in most cases. It is indeed not uncommon for the court to have to return cases because no lawyer has been appointed.
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