Michel is a retiree who believes that justice is too expensive for him. Despite receiving legal aid, he cannot afford to repay the amount advanced by the State due to his monthly income of 2,300 francs and the expenses he needs to cover, such as rent and utilities. Michel’s lawyer, Pierre Mauron, identifies two types of legal aid beneficiaries: those experiencing long-term destitution and those suffering from temporary poverty. The former group may not need to reimburse the amount, while the latter might have to repay it. However, Mauron believes that it is challenging to repay the sum when individuals return to better financial situations.
The Friborg State faces challenges in recovering money advanced for legal proceedings, with only 590,000 francs retrieved out of the 5.5 million francs paid in 2021. Romain Collaud, the State Councilor for justice, attributes the situation to a lack of resources to follow up and analyze cases. Despite hiring two full-time staff to address the issue, the State did not improve its recovery rate. Socialist deputy Elias Moussa believes that there is room for improvement and pointed to other cantons with higher cost recovery figures.
The Canton of Vaud serves as a positive example, spending 24 million francs in 2021 and recovering two-thirds of the amount. Vaud beneficiaries of legal aid must repay a portion of the sum granted each month, ranging from 50 to 100 francs, thus discouraging unnecessary legal actions. The Friborg authorities closely study the Vaud collection model, hoping to replicate its success.
For Michel*, justice is too expensive. This retiree has benefited from legal aid, but it is impossible for him to repay the money advanced by the State. “My income is 2,300 francs per month. When you have to pay rent and running costs, you have to tighten your belt,” he testified on Saturday at 7:30 p.m. on RTS. “So where to get the surplus to pay for legal aid?”
For his lawyer Pierre Mauron, there are two types of beneficiaries of legal aid. First of all, there are people in a situation of “long-term destitution”, who only receive, for example, the AVS or a disability pension.
Then there are those affected by “temporary poverty”. “We only earn very little for three or five years, we have young children, a different life situation. But we can inherit, receive other things, earn or work more”, illustrates the lawyer . “There, there would be a need for reimbursement,” he argues.
Not enough staff to cash in
The Friborg State does not recover enough money. In 2021, it paid more than 5.5 million in civil proceedings, but only recovered 590,000.
Romain Collaud, the State Councilor in charge of justice, points to a “lack of means and vital forces to follow up and analyze the files and to recover this money lent when people return to better fortune”.
The State has just hired two full-time equivalents for this purpose. But this is not enough, according to Elias Moussa, socialist deputy and member of the Finance and Management Commission of the Grand Council. “There is room for improvement. Other cantons have higher figures in terms of costs that are recovered,” said the elected official.
Waldensian example
The Canton of Vaud is an example in this area. In 2021, he spent 24 million francs. Of this sum, he recovered 16 million, or two-thirds. In principle, Vaud beneficiaries of aid have the obligation to reimburse between 50 and 100 francs each month, as soon as legal aid is granted. It is a way of curbing certain procedural ardor.
“Legal aid should not be used to multiply legal actions. The fact that the person is aware of this will hold them back a little”, underlines Jean-Luc Schwaar, the director general of Institutional Affairs and the communes of the State. of Vaud. The Friborg authorities are therefore taking a very close interest in the Vaud collection model.
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*Assumed first name
2023-04-15 20:43:08
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