Can legal aid be withdrawn?
Verified 27 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, legal aid can be withdrawn if you do not meet the conditions that allowed it to be granted. Removal can be total or partial. If the procedure is conducted in France, the withdrawal can be decided by the court or by the court seised of your case.
When you are eligible to legal aid, the decision granting you this aid shall state the cases in which it may be withdrawn from you.
Withdrawal can be decided in 5 situations:
- When you have obtained legal aid by making false statements or providing inaccurate supporting documents (for example, you have failed to declare some of your financial income)
- When your financial resources (revenues, real estate assets or furniture) increased during or at the end of the procedure. If such resources had existed on the date of the initial application for legal aid, you would not have been granted it
- Where the decision in your case has provided you with financial resources such that if it had existed on the day of the initial application for legal aid, it would not have been granted to you (for example, where a divorce judgment granted you a compensatory benefit which is high enough that you no longer need legal aid)
- When your lifestyle does not seem compatible with the annual resources you have declared to obtain legal aid
- When you have abused your right to take legal action (e.g. you have taken legal action to harm another person) or your legal action is inadmissible.
In general, legal aid may be withdrawn at any time during the procedure. In some cases, the withdrawal can take place after the end of your case.
The procedure for withdrawing legal aid depends on the reason for which such withdrawal is envisaged.
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Misrepresentation or inaccurate supporting evidence
In this case, legal aid can be withdrawn during or after the end of the case for which you benefit.
It can be requested by anyone interested in your case, including the part opponent or public prosecutor. It may also intervene without any request having been made.
The Legal Aid Office (BAJ) informs you of the reasons for which the withdrawal is being considered.
You have a deadline ofone month from such notification to make written submissions.
If he finds that legal aid has been granted to you because of incorrect information or supporting documents, he shall inform the public prosecutor's office and withdraw you the benefit of the aid, totally or partially.
This decision you are notified by means of any means of attesting to the date of receipt (e.g. by e-mail with acknowledgement of receipt, by letter) RAR: titleContent).
It must mention:
- Reasons for withdrawal of legal aid
- In the case of partial withdrawal, the costs for which legal aid is no longer granted. For example, you have initiated proceedings before the court of law. To the extent that you disagree with the judgment rendered, you appeal of this decision. For all of this, you have legal aid. If it partially withdraws, the court may decide that the costs of the appeal proceedings must be reimbursed to the State.
- The means by which you can appeal.
The decision to withdraw shall also be notified to your lawyer and any court clerk (e.g. notary, Commissioner of Justice) who intervened in your case.
Warning
If you have provided incorrect information or evidence, you may be subject to criminal sanctions (e.g. a fine of up to €45,000).
Increase your income or wealth
Withdrawal of legal aid may be requested by any person interested in your case, including the part opponent or public prosecutor. It may also intervene without any request having been made.
The legal aid office shall inform you of the reasons for which withdrawal is envisaged.
You have a deadline ofone month from such notification to make written submissions.
If it finds that your resources exceed the ceilings for the admission of legal aid, the court shall decide to withdraw legal aid. This withdrawal may be total or partial based on your new resources.
This decision you are notified by means of any means of certifying the date of receipt (e.g. by e-mail, by RAR letter).
It must mention:
- Reasons for withdrawal of legal aid
- In the case of partial withdrawal, the costs for which legal aid is no longer granted. For example, you have initiated proceedings before the court of law. To the extent that you disagree with the judgment rendered, you appeal of this decision. For all of this, you have legal aid. If it partially withdraws, the Court may decide that the costs of the appeal procedure must be reimbursed to the State
- The means by which you can appeal.
It also informs your lawyer and any law clerk (example: Commissioner of Justice) who intervened in your case.
Lifestyle incompatible with declared resources
Withdrawal of legal aid may be requested by any person interested in your case, including the part opponent or public prosecutor. It may also intervene without any request having been made.
The legal aid office shall inform you of the reasons for which withdrawal is envisaged.
You have a deadline ofone month from such notification to make written submissions. You must therefore be called upon to explain yourself before any decision to withdraw by the President of the .
If it finds that your lifestyle is not compatible with the annual resources you have declared, the court decides to withdraw legal aid.
This withdrawal may be total or partial based on your true resources.
This decision you are notified by means of any means of certifying the date of receipt (e.g. by e-mail, by RAR letter).
It must mention:
- Reasons for withdrawal of legal aid
- In the case of partial withdrawal, the costs for which legal aid is no longer granted. For example, you have initiated proceedings before the court of law. To the extent that you disagree with the judgment rendered, you appeal of this decision. For all of this, you have legal aid. If it partially withdraws, the Court may decide that the costs of the appeal procedure must be reimbursed to the State
- The means by which you can appeal.
It also informs your lawyer and any law clerk (example: Commissioner of Justice) who intervened in your case.
Unfair or inadmissible legal proceedings
In this case, legal aid may be withdrawn from you by the court seised of your case.
If that court considers that your legal action is dilatory, abusive or inadmissible, it must withdraw legal aid from you altogether.
Once this decision has been taken, the court shall first inform the bastler and the legal aid office.
The decision is then notified to you by registered letter with acknowledgement of receipt or through your lawyer.
It must mention:
- Reasons for withdrawal of legal aid
- The means by which you can appeal.
The court shall also inform any court clerk (example: Commissioner of Justice) who intervened in your case.
Withdrawal of legal aid may be:
- Total. In this case, you must pay or refund theentirety of legal costs (from which you have been exempted or paid by the State)
- Partial. In this case, you must pay or repay a portion legal fees (which you have been exempted from or paid by the State). The percentage (or part of the costs) that remains at your expense is determined by the legal aid office.
Payment and/or reimbursement may be requested at any time from notification of the decision to withdraw taken by the court or tribunal seised of your case.
Please note
In the case of mandatory representation, your lawyer must continue to assist you until he or she is replaced by a new lawyer, even if legal aid is withdrawn.
Withdrawal decisions may be challenged by a simple declaration. There is no particular way to write your appeal.
Nevertheless, you must obligatory state the reasons why you wish to seek redress.
Your return must include a copy of the decision you're challenging.
Please note
You have the option of requesting the assistance of a lawyer. This professional will help you understand the reasons for the withdrawal and formulate your appeal. He can also drop it off for you.
As long as you no longer receive legal aid, you will have to pay the fees. However, if legal aid is finally granted to you, the second lawyer will be paid by the State and will be able to share this compensation with your first lawyer.
Time limits for filing an appeal
The time limits for filing an appeal depend on the court before which your case is taking place.
General case
The time limit for lodging your appeal is 15 days from:
- The notification of the decision of the
- Notification of the decision of the court seised of your case, in case of abusive proceedings, dilatory or inadmissible.
Before the National Court of Asylum (CNDA)
When your case takes place before the National Court of Asylum, your appeal must be submitted within 8 days from:
- The notification of the decision of the
- Notification of the decision of the court seised of your case, in case of abusive proceedings, dilatory or inadmissible.
Means of forwarding the appeal
The means of transmission of your appeal depend on the court before which your case is taking place and on the authority which issued the withdrawal decision.
General case
You must address your appeal to the authority which issued the decision to withdraw legal aid.
Decision of the BAJ
Your appeal must be delivered in person or sent by registered letter with acknowledgement of receipt.
After receiving it, the communicates your appeal to the competent authority for review.
Please note
If your lawyer has filed your appeal, the court confirms that the filing has taken place.
Who shall I contact
Who shall I contact
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Decision of a court
Your remedy must be addressed to the President of the court which issued the decision to withdraw legal aid.
You can send it to the registry of that court by hand or by registered letter with acknowledgement of receipt.
Who shall I contact
Who shall I contact
Who shall I contact
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In front of the CNDA
You must address your appeal to the authority which issued the decision to withdraw legal aid.
Decision of the BAJ
Your appeal must be addressed to the National Court of Asylum.
It may be given:
- In your own hand
- By registered letter with acknowledgement of receipt
- By fax.
After receiving it, the communicates your appeal to the competent authority for review.
Please note
If your lawyer has filed your appeal, the court confirms that the filing has taken place.
Who shall I contact
Decision of the National Court of Justice
Your appeal must be direct addressed to the President of the National Court of Asylum.
You can send it to the Registry of that court:
- In your own hand
- By registered letter with acknowledgement of receipt
- By fax.
Who shall I contact
Before the Administrative Court of Appeal or the Council of State
You must address your appeal to the authority which issued the decision to withdraw legal aid.
Decision of the BAJ
When your case takes place before a administrative court of appeal or before the Council of State, you may remit your appeal to:
- By registered letter with acknowledgement of receipt
- Through the service Remedy.
After receiving it, the communicates your appeal to the competent authority for review.
Warning
Your lawyer can file the appeal for you. In this case, he must obligatory use Remediation.
The report confirms that the deposit took place.
Decision of an Administrative Court of Appeal or the Council of State
Where the withdrawal has been decided by a administrative court of appeal, you must address your appeal to the president of that court.
If the withdrawal has been decided by the Council of State, your appeal must be addressed to the President of the Litigation Section of the Council of State.
Your appeal may be lodged with the Registry of those courts:
- By registered letter with acknowledgement of receipt
- Through the service Remedy.
Warning
Your lawyer can file the appeal for you. In this case, he must obligatory use Remediation.
Examination of the appeal
Your appeal is reviewed to determine whether the decision to withdraw is justified.
The authority competent to hear your appeal depends on the court before which the case in respect of which you have applied for legal aid is taking place.
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 your appeal has been examined, the President of the Court may confirm, edit, or cancel the decision to withdraw legal aid.
The new decision will be sent to you by any device that can certify its date of receipt (example: by email with acknowledgement of receipt).
In some cases, it can be notified by registered letter with acknowledgement of receipt.
This decision cannot be the subject of a new appeal.
Please note
If your appeal is rejected, you may be asked to repay it immediately after the new decision.
Who can help me?
Find who can answer your questions in your region
To obtain a decision on the withdrawal of legal aid by the court
Judicial TribunalTo obtain a ruling on the withdrawal of legal aid by the Court of Appeal
Court of AppealTo obtain information on the withdrawal of legal aid by the Administrative Court of Appeal
Administrative Court of AppealTo obtain a ruling on the withdrawal of legal aid by the Court of Cassation
Court of CassationTo obtain assistance in the event of an appeal against a withdrawal decision
Lawyer
Withdrawal and refund conditions
Withdrawal of aid: Articles 65 to 68
Right of appeal
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