In April-May 2018, the Lawyers’ Committee for Human Rights, in partnership with the Multi Donor Trust Fund for Justice Sector (MDTF-JSS), conducted a survey which aimed at analysing case-law on a motion for exemption from paying court fees in civil matters.
According to the Law on Civil Procedure, the first-instance courts are responsible for deciding on a motion for exemption from paying court fees for proceedings, and in April 2018, the Lawyers’ Committee for Human Rights submitted requests for free access to information addressing the 24 Basic Courts. The request was demanding the courts to provide information on the number of requests for court fees exemption for procedure for 2017 as well as two decisions in which the request for court fees exemption was resolved, namely: the decision that was adopted and the decision that was rejected or rejected request for court fees exemption..
Numerous courts submitted the requested decisions, based on which an analysis of the conduct of courts was conducted on the proposal for court fees exemption in civil proceedings. For the purposes of the analysis, the 20 decisions tabulated in the annex have been processed, so that research users can obtain additional conclusions on the case-law related to this matter. Examples are regrouped as a representation of the court proceedings according to a precisely determined legal regulation, and are the basis for comment on the application of certain provisions of the relevant laws.
The right to be exempt from paying court fees for proceedings is an integral part of the right to a fair trial, which is guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. According to the European Court of Human Rights, inaccurate court fees represent potential actual constraints on the right to access to justice.
Exemption from paying the court fees of proceedings in civil proceedings is regulated by the Law on Civil Procedure (Articles 168-173). Exemption from paying the court fees is regulated by the Law on Court Fees (Articles 9-20). Some provisions of specific material laws contain provisions on exemption from court fees (e.g. Law on Consumer Protection (Article 140, paragraph 2 10).