impeded or excluded of exercising or defend their rights due to social or cultural status, or insufficient economic resources. The reasoning was focused on the effects of the increasing value of a case and its correspondent legal fees, which have to be paid by the parties despite their financial hardship and their right to legal protection. In view of the winning argument the system would allow the payment of legal fees in instalments and for a period of four years after which no further instalments would be due. Notwithstanding, it was stressed that in the above mentioned suggestion there is no concern about the specific economic situation of the legal fees payer. Whether the current legislation states limits related to the payment of legal fees to those eligible for legal aid there is no material coherence between this and the legal protection and the calculation of the amount to be paid is irrelevant the economic and financial status of the parties. Therefore it was agreed that in order to properly serve the legal protection system the law should take in consideration the specific economic situation of the parties thus the current Law No. 34/2004 of 29th July and the Decree No. 1085-A/2004 of 31st August cannot be considered adequate. Finally, the formalization of legal protection requests addressed to cross-border dispute resolutions in accordance to the Decree-Law No. 71/2005 of 17th March. In this context the Member State of the applicant residence shall be responsible for the legal aid costs until the claim, its translation and attached documents are transferred to the Member State jurisdiction. A possible amendment of the legal aid law should not forget the importance of a timely translation of the said documentation, that being instrumental to guarantee access to the courts. • 6.5.2. Ombudsman’s decisions non favourable to complainants Case Q-2713/15 Entity addressed: Institute of Registries and Notary, I.P. (IRN). Tax and Customs Authority Date: 2015.08.26 Subject: Personal data. Access 150 |