Legal aid: can an appeal be lodged in the event of a refusal?

Verified 01 January 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The decision to refuse, grant partial admission or withdraw legal aid must be given to you notified by a device which makes it possible to certify the date of receipt.

In addition, the notification shall include information on possible remedies.

You can appeal against the decision to refuse or withdraw legal aid, but also against the decision to grant partial aid.

You can make the appeal yourself or with the help of a lawyer.

The appeal must be lodged within 15 days of notification of the decision.

You must indicate in the appeal the reasons why you are challenging the decision. Example: An error that relates to the number of people in your household or the amount of your resources.

The appeal must be sent to the legal aid office which issued the decision by registered post with AR: titleContent.

You must attach a copy of the contested decision.

The department that issued the decision will forward your request to the competent authority to consider the appeal. The authority competent to examine the appeal depends on the court which is responsible for examining the case in respect of which you have requested legal aid.

Tableau - Competent authority to examine the appeal according to the court

Jurisdiction

Authority responsible for examining the appeal

General case

1er president of the court of appeal on which the court responsible for the case or the court of appeal responsible for the case depends

National Court of Asylum (CNDA)

President of the National Court of Asylum

Administrative Tribunal

President of the Administrative Court of Appeal on which the Court of First Instance depends

Administrative Court of Appeal

President of the Administrative Court of Appeal in charge of the case

Council of State

President of the Litigation Section of the Council of State

Court of Cassation

1er president of the court of cassation

Conflict Tribunal

President of the Conflict Tribunal

Once the appeal is heard, the new decision is sent to you notified by mail.

If you don't like this new decision, you won't have any recourse afterwards. This 2e the decision is final.

Please note

an appeal lodged by a lawyer with the president of the administrative court of appeal or the president of the contentious section of the Conseil d’État must be forwarded via the online service Remedy.