Even if you are a law-abiding citizen, it is unlikely that you will never encounter a legal problem. If you`re planning to stay in the Netherlands for a longer period of time, chances are you`ll face a Dutch legal dilemma! Fortunately, there are many organizations and professionals who can help you in word and deed. Depending on the nature of your problem, the procedure for dealing with it will be different, as will the help you need to call on you. We have discussed some of the basic types of litigation in Holland on this page. Please read on to get an idea of what kind of professionals you need to employ, where to find them and how to pay for their services in Newfoundland and Labrador! In accordance with the European Convention on Human Rights and the Constitution of the Netherlands, every citizen (or host citizen) of the Netherlands has the right to access justice, to seek legal advice and representation and, if resources are insufficient, to receive State-funded legal aid. The Dutch legal aid system provides legal aid to people with limited resources. Any person who needs professional legal aid but cannot bear the costs (in full) can avail himself of the provisions of the Legal Aid Act (in force since 1994; the last amendment to this law entered into force on 1 July 2011). The Legal Aid Act 1994 replaced the former statutory legal aid system and dates back to 1956. Because of their financial resources and merits, around 36% of the Dutch population (a total of 16.7 million people) would be entitled to legal aid if circumstances so require, according to the latest estimates. Legal aid itself is mainly financed by the State (the Legal Aid Fund) and only to a small extent by an income-related contribution of the individual client. There are a number of other organisations that act as sources of legal aid and advice in Holland. To benefit from their services, you must be an official member. Here are some examples: In Dutch, the “legal counter” is called “Juridisch Loket”.
It has been set up to provide free legal information and advice on topics such as: A corporate lawyer advises on commercial matters. The reason for this discrepancy between actual and allocated costs is based on the rule of law: fair play. The system of cost allowances is based on interest and takes into account that anyone who participates in the company must accept that they may be involved in legal proceedings from time to time, and must accept that these proceedings may cost money. People seeking justice are encouraged to go to the legal services counter first, offering them a €51 discount on single entry if it turns out that a certificate is required. Persons who seek justice with a certificate and who have not first gone to the legal counter do not benefit from this reduction on the individual contribution. There are also cases where the reduction is granted automatically, for example in criminal cases. In 2012, contributions paid by clients ranged from €127 to €785 per case (depending on income). Persons whose income exceeds €35,200 (including the partner`s income) or €24,900 (single person) are not entitled to legal aid. Through online connections with tax offices, the LAB is able to quickly obtain information about the applicant`s income and other available financial resources. The assessment of the applicant`s income (and therefore of his potential entitlement to legal aid) is based on his income two years before the date of the application, known as the reference year (t-2).
The reason for using this year`s income data is that these data are the latest available from tax authorities. In addition, these data were generally considered correct and therefore definitive. For the issuance of a certificate in 2013, the applicant`s income in 2011 is therefore decisive. To qualify for legal aid in 2013, the applicant`s income in 2011 must not exceed EUR 24 900 (single person) or EUR 35 200 (married/single person with children). The Raad voor Rechtsbijstand (Legal Aid Board) was established by the Lord High Chancellor. The goal is to make sure you have legal representation if you need it. If you cannot afford a lawyer, the council will provide you with financial support. Your lawyer receives a cash allowance. You bear part of the costs yourself. The amount of your contribution depends on the amount of your income. A notary is empowered to draw up notarial deeds and provide legal advice. They must be registered in the register of notaries.
Use the European Register of Notaries or the Dutch Register of Notaries (in Dutch) to find a notary near you. The Dutch notarial register also provides you with information about notaries, apprentice notaries and future notaries. In the successor archives (opvolgersarchief, in Dutch), you can find out which notary currently holds your deed and which notary has already held it. What happens if your income suddenly drops? You may not qualify because you had a good job until recently, but you lost your income (which may be why you need subsidized legal aid). In this case, you may be eligible for an exam depending on the current fiscal year. In addition to certificates, the LAB also provides mandatory lawyers. Any suspect, foreigner or psychiatric patient who has been lawfully deprived of liberty against his or her will is visited by a subsidized lawyer. The availability of lawyers is ensured by the rotation service of defence lawyers. Lawyers are classified on a rotational basis, so a lawyer is always available. In 2012, legal aid was granted more than 127,000 times by court-appointed lawyers. The costs that come with legal problems are a huge financial burden for many people in the Netherlands.
Often, those who face legal proceedings or are about to be challenged can only bear some of the costs or no fees at all. Fortunately, if you are in this emergency situation, help may be available for you in Holland. Here are the steps to follow: The Raad voor Rechtsbijstand (Legal Aid Board) was established by the Minister of Justice (Lord High Chancellor). The goal is to make sure you have legal representation if you need it. If you are in a foreign country, the risk of becoming a victim of fraud is higher because you may not know the rules, laws and/or your rights. For example, you rented an apartment at a high price and after departure, your (former) landlord “discovers” all kinds of defects and refuses to return your deposit. What if you can`t afford legal assistance? How does pro bono support work in the Netherlands? Mr. Berendsen explains. The right to legal aid depends both on the client`s annual income and on his assets. The LAB verifies the client`s personal data with that of the municipal register and verifies the applicant`s income with the tax authorities. It is able to do this using a hamburger service number (BSN); This is a unique identification number that every Dutch citizen receives when they are registered in the municipal population register.
A new directive sets minimum standards for legal aid and limits successful efforts to standardise criminal justice procedures in Member States. The gap between paying a lawyer alone and pro bono can be huge. For this reason, some lawyers offer special rates to people who do not qualify for subsidized legal aid but cannot afford the hourly rates usually charged by lawyers.