177.7
GURLAJ
CH-VS
CH-VS
Art. 2 Legge sull'assistenza giudiziaria (LAJ) - Diritto
Assistenza legale gratuita nelle questioni amministrative e nel campo delle assicurazioni sociali
Art. 2 GUR - Diritto · Diritto
1. Una persona ha diritto al patrocinio gratuito, se
a) non dispone dei mezzi necessari; e
b) la sua pretesa giuridica non appare priva di prospettiva.
2. Il beneficio di un patrocinio legale gratuito verrà ulteriormente concesso solo se la difesa degli interessi del richiedente lo rende necessario.
Decisioni giudiziarie che applicano questa disposizione (51)
A1 24 239 · vs (art. 2 al. 1 let. a LAJ)
Administrative Appeal Admissibility Regarding Suspension of Disqualification Proceedings
Cited for rejecting the request for legal aid due to the appellant not fulfilling the legal condition of indigence.
A1 24 239 · vs (art. 2 al. 1 let. b LAJ)
Administrative Appeal Admissibility Regarding Suspension of Disqualification Proceedings
Cited for rejecting the request for legal aid because the appeal was without merit/unsuccessful.
A1 24 253 · vs (art. 2 al. 1 let. a LAJ)
Employee Appeal Dismissed for Mootness After Document Production
The request for legal aid was rejected because the condition of indigence was not met, based on evidence that the appellant received substantial funds.
A1 24 253 · vs (art. 2 al. 1 let. b LAJ)
Employee Appeal Dismissed for Mootness After Document Production
The request for legal aid (assistance judiciaire) was rejected because the appeal was devoid of chances of success.
A1 24 135 · vs (Art. 2 al.1 LAJ)
Revocation of Residency for Long-Term Social Assistance Recipient Upheld
Cited in the reasoning to establish the criteria for granting legal aid.
A1 24 45 · vs (art. 2 al. 1 LAJ)
Residence Permit Revocation Based on Public Financial Burden Despite Family Ties
Cited when discussing the conditions for granting legal aid (resource insufficiency and merit of the case).
A1 24 45 · vs (art. 2 al. 2 LAJ)
Residence Permit Revocation Based on Public Financial Burden Despite Family Ties
Cited when discussing the condition that legal counsel appointed ex officio must be necessary for the defense.
A1 24 9 · vs (art. 2 al. 1 LAJ)
Appeal Against Neighborhood and Zoning Plan Modification Upheld
Provision setting the conditions (lack of resources and non-frivolous nature) for granting legal aid, which was ultimately rejected.
S3 24 36 · vs (Art. 2 Abs. 1 GUR)
Grant of Free Legal Aid in Disability Insurance Appeal
The court confirmed that the applicant meets the criteria (indigence and non-frivolous claim) for granting free legal aid in point 1.
S3 24 53 · vs (Art. 2 Abs. 1 GUR)
Free Legal Aid Granted for Social Insurance Appeal Due to Neediness
Cited in the reasoning section regarding the prerequisites for free legal aid, but not explicitly in the operative orders.
S3 24 54 · vs (Art. 2 Abs. 1 GUR)
Legal Aid Granted for Disability Insurance Appeal
Cited in the reasoning as the condition for being entitled to free legal aid (need and non-frivolous claim), relevant to the granting in Order 1.
A1 24 118 · vs (art. 2 al. 2 LAJ)
Inmate Disciplinary Sanctions Appeal: Right to be Heard and Proportionality of Penalties
Cited in the reasoning section (Considerant 5.1) regarding the necessity of a court-appointed lawyer, but not explicitly repeated in the dispositive orders 1-5. Therefore, excluded.
A1 24 23 · vs (art. 2 al. 1 lit. a de la loi du 11 février 2009 sur l’assistance judiciaire - LAJ ; RS/VS 177.7)
Inmate Leave Denial Appeal After Mother's Death
Cited in the reasoning (cons. 10) regarding the conditions for granting legal aid, which directly underpins the rejection of legal aid in order 1.
F2 24 1 · vs (Art. 2 Abs. 2 GUR)
Appeal on Tax Domicile Delay and Free Legal Aid Grant
Cited in the reasoning (Erwägung 3.4) as the basis for granting official legal assistance, which was ordered in Order 2.
A1 24 28 · vs (art. 2 al. 1 let. b LAJ)
Cantonal Court Upholds Refusal of Custodial Sentence Execution as Community Service Due to High Risk of Recidivism
Cited as part of the cumulative conditions for granting legal aid, which the court found not met due to lack of success prospects.