Legal assistance

BUG meets the formal requirements to provide assistance in legal proceedings on the basis of § 23 AGG. Click here for more information.

In proceedings before the court, the plaintiff is usually represented by a lawyer. S/he becomes the plaintiff’s attorney, which means s/he represents the plaintiff before the court and performs all legal actions for the person concerned.

In addition, the complaining party may, if so desired, ask an anti-discrimination association for assistance, e.g. in the context of an action under the AGG. This association may occur in the proceedings alongside the plaintiff' and her/his attorney, and may, to a certain extent, contribute to the legal proceedings. If the association reports something to court, it is assessed as if the plaintiff had presented these matters (in so far as the statements are not immediately revoked or corrected by the plaintiff). For this reason, the plaintiff needs to be present in person. Moreover, this possibility of assistance serves as a form of moral support. Ideally, the assisting organisation and the lawyer communicate with one another.

Appointing an assistance is only possible if it is authorized by law, which is the case in various legal proceedings.

In criminal proceedings, for example, the spouses, or the plaintiffs registered partner is allowed to appear and assist before the court, and to act as an assistant.

In administrative or civil proceedings, associations may also act as assistants. The exact requirements of assistance always depend on the respective legal area.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011