When is legal aid (“justicia gratuita”) refused?

Question

José Manuel Alburquerque · Accepted Answer

Mainly when your family's gross income exceeds the legal limits or when your assets show that you can afford the case. It is also refused if the documentation requested is not completed, if you are not litigating for a right of your own or if the appointed lawyer considers that the relief sought cannot be sustained and the Bar Association (“colegio de la abogacía”) and the public prosecutor agree with the lawyer. In general, the refusal can be challenged within ten days and is reviewed by the judge. If it is confirmed, the lawyer and the court agent (“procurador”) appointed provisionally can charge you their fees. The grounds The decision is taken by the Legal Aid Commission (“Comisión de Asistencia Jurídica Gratuita”), which in Catalonia is organised by the Generalitat de Catalunya (the Catalan government), on the basis of the application processed by the Bar Association. It refuses the right to legal aid in these cases: If the family unit's gross annual income exceeds the limit that applies to it. In 2026 this is 14.400 euros for a single person, 18.000 for a family of fewer than four members and 21.600 for a family of four or more or a large family. These are twice, two and a half times and three times the IPREM, the income benchmark the State uses for many types of aid, which this year is 7.200 euros a year. If, even though the income is below the limit, your assets or outward signs of wealth clearly show that you have the means to pay for the case. Account is taken, for example, of properties other than your principal residence and of the returns on savings and investments. If you do not complete the documentation within the ten working days given to you by the Bar Association. In that case the application is closed. If you are not litigating for a right of your own, unless you legally represent another person, such as a minor child. If the relief sought is unsustainable, that is, if there is no legal basis for arguing it. The appointed lawyer raises this within fifteen days of being appointed. If the Bar Association and the public prosecutor agree with the lawyer, legal aid is refused. If either of them believes that the case can be argued, another lawyer is appointed, who must take it on. Exceeding the limits does not always close the door. If the income does not go above five times the IPREM, 36.000 euros a year, the Commission may grant the right exceptionally, in full or in part, on account of family responsibilities, health, a disability or the cost of the case. If it is refused You can challenge the refusal with a reasoned written submission, without needing a lawyer, within ten days of being notified. It is filed with the Commission's secretariat, which sends it to the appropriate court. The judge decides within five days, with no further appeal. If the challenge is reckless or abusive, the judge may impose a fine of 30 to 300 euros. In Catalonia, the Generalitat takes the view that the refusal cannot be challenged when it is based on the relief sought being unsustainable. Once the refusal is final, the provisional appointments cease to have effect. The lawyer and the court agent assigned to you can charge you their fees for the work they have done. From then on you can continue with professionals of your choice.