Anyone may need to seek their rights at court or have to defend himself/herself against a charge at some point. However, litigation fees are quite high: if you lose, you have to pay your lawyer and court costs. In Germany, Legal aid ("Prozesskostenhilfe") has been established so that people with low income can also demand/defend their rights. "Prozzesskostenhilfe" is a government aid for people with limited income, i.e. the state assumes the costs of the lawyer and the court for certain legal proceedings to make sure no one is prevented from pursuing their rights in court because of substantial expenses.
You can receive legal aid if you meet the following requirements:
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You cannot pay the costs of the legal proceedings, or you can only afford part of it. This can be the case, for instance, when you are eligible for state benefits such as “Bürgergeld”, social benefits or asylum seeker benefits. If you earn an income, you must disclose your salary, assets, and expenses. The court then will decide whether you can afford the costs or are eligible for legal aid.
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You have (at least) some chances of success in court. That means if it is clear from the very start that you will lose the case, you will not receive legal aid.
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The legal process makes sense for you. That means if, for instance, the money you could end up winning is less than the costs of a lawsuit, you will not receive legal aid.
Please note: It does not matter whether you are the plaintiff or the defendant. If you meet the requirements above, you can benefit from legal aid.
Legal aid is available for legal proceedings before the following courts:
- Administrative court ("Verwaltungsgericht"): That is, for instance, if you want to complain about the BAMF's rejection of your asylum request.
- Civil court ("Zivilgericht"): That is where you go, for instance, when you need to resolve a dispute with a neighbour in court.
- Labor court ("Arbeitsgericht"): That is where you can complain against an employer who fired you.
- Social court ("Sozialgericht"): That is where you can, for instance, take legal actions against the decision to cut your welfare benefits.
Please note: If you are charged with a crime, you cannot receive legal aid. But if you do not have enough money, the state will pay for your lawyer. You cannot, however, choose a lawyer yourself-- the court will pick a lawyer for you.
If you lose the legal process, you can use legal aid to pay your lawyer and court costs. However, if you lose and your opponent had a lawyer, you will have to pay for their lawyer as well. This applies to all proceedings - except for proceedings before the labour court. In a labour court, you don't have to pay the opponent's lawyer if you lose.
If you win the lawsuit, your opponent will have to take over the costs of your lawyer and the court.
Please note: You are free to choose your lawyer. Who you pick to defend your rights is not determined by court.
You have to make an application. You can obtain the proper form directly from the court or find it on the website of the relevant court. To learn which court is responsible for your case, check gerichtsverzeichnis.de. If you need help filling out the form, a lawyer can help you. Alternatively, you can seek assistance from a Migration Counselling centre for adults or a Youth Migration Office. At bamf.de, you can find the proper Migration Counselling centre for adults. You can search for a Youth Migration Office in your area at jugendmigrationsdienste.de. The staff there speak several languages.
You can file a complaint ("Beschwerde") against the rejection within a month after you are notified of it. In the letter of rejection you receive, you can find more information about how to object the decision.
The court can review your financial situation up to four years later and send you the relevant forms. You must fill and return this form to the court, along with records of your income, assets, and expenses. If your financial situation improves significantly within these four years, the court can ask you to return what you've obtained as legal aid. In this case, you have to pay the legal aid back in instalments.
If you have little or no income and would like to seek advice from a lawyer first, you can apply for and receive a so-called "financial aid certificate for counselling" ("Beratungshilfeschein") from the local court responsible for the issue in question. To find the local court responsible, check gerichtsverzeichnis.de. The requirements of eligibility for "Beratungshilfeschein" are similar to those of the legal aid mentioned above.
With this document, you can seek advice from a lawyer of your choice. The district court then pays the lawyer. You only have to pay a maximum of 15 euros of the total costs personally.
Please note: You can seek advice on any legal matters.
Finding the right lawyer is not easy. Ask friends and acquaintances for tips. On anwaltauskunft.de, you can search for lawyers in your area. To find counselling centres nearby, check out our Local Information page. Enter the name of your city and search for asylum, residence or legal advice service in your area.
Labour rights
Labour law in Germany is very complicated as there are numerous regulations in several bodies of law regarding the subject. However, it is crucial to know your rights and obligations as an employee. You can only demand your rights if you are aware of them.
Discrimination
Discrimination is prohibited in Germany –nevertheless, many are affected by it. Whether when looking for accommodation, dealing with authorities, at work, schools, doctors' surgeries, during leisure time or with the police. Discrimination can occur in all areas of life. Am I not allowed into the club because I have a disability? Did I not get the job because I wear a headscarf? Are my children treated worse at school because they speak little German? Does the police pick me to check on the long-distance bus because I have a different skin colour? Does the cab driver refuse to take me because I am trans*? Experiences like these lead to feelings of anger, powerlessness and helplessness. Such discrimination also harms social coexistence.
However, you do not need to simply accept discrimination: you have the legal right to defend yourself against it – everyone in Germany does; regardless of their origin or residence status. This right is enshrined in the German Basic Law as one of the human rights. It is also regulated in the General Equal Treatment Act ("Allgemeinen Gleichbehandlungsgesetz" or AGG). You can take legal action against discrimination - and in certain cases, it is worthwhile to do so.
Independent Right of Residence for Spouses ("Eheunabhängiges Aufenthaltsrecht")
After the end of a relationship or a partner's death, there are often many issues to clarify. If you are not from Germany, you usually have to apply for a new residence permit, particularly if you have come to Germany via family reunification because your partner was already living here. If you separate or your spouse passes away, you may lose your right of residence. However, under certain conditions, you can remain in Germany. These conditions have been regulated within the "Independent right of residence for spouses" ("Eheunabhängiges Aufenthaltsrecht") in §31 Residence Act.
Women's Rights
The law enshrines women's rights in many countries, but in most societies, equal rights for women are not still fully realised. In Germany, this is particularly evident in inequality of opportunities in the field of business and politics. Sexualised and domestic violence, and international trafficking of women, are among other critical issues. In Germany, women have already become more visible in the society compared to other countries, yet the women's movement is far from reaching its goal.
Children and Youth Protection
Children and adolescents need appropriate protection - that is why they are subject to specific regulations. Not only are children and adolescents prohibited from the consumption of alcohol and tobacco or going to bars and clubs, but the law also regulates the consumption of films and video games by minors. Its purpose is to protect health and development of children.
Youth Migration Service provides support to young refugees and migrants in Germany.
Migration Counselling Service for Adults (MBE) supports refugees over the age of 27 on various topics in many languages.
You can find more on the website of the Federal Ministry of Justice and Customer Protection.