In proceedings before the Staatsgerichtshof, applicants have a right to legal aid, provided that they fulfil the conditions in accordance with Article 38(2) of the Law on the Staatsgerichtshof (StGHG) in conjunction with § 63 of the Code of Civil Procedure (Zivilprozessordnung; ZPO).
Consequently, legal aid is granted to a party to the extent that
| 1. |
they are unable to pay the costs of proceedings without affecting their requisite subsistence and |
| 2. |
the proceedings are neither of manifestly wilful nature nor without any chance of success. |
The requisite subsistence consists of an amount of money required for a simple life of both the party and their family. Manifestly wilful proceedings are those for which a reasonable party would not pay out of their own pocket.
Similarly, legal persons may be granted legal aid to the extent that
| 1. |
neither they nor their beneficiaries who have a vested interest in the outcome of the proceedings are able to pay the costs of proceedings; |
| 2. |
the proceedings are neither of manifestly wilful nature nor without any chance of success and |
| 3. |
refraining from the proceedings would run counter to general interests. |
The same conditions apply to an officially appointed executive body and legal representatives of specific assets.