Facts
In debt enforcement proceedings against J., the President of the Court II of Bern granted the creditor the definitive debt enforcement order for the amount of CHF 4,107.- plus interest. J. appealed against this decision and simultaneously requested the granting of the right to free legal representation. The Court of Appeal of the Canton of Bern dismissed this request and ordered J. to deposit a cost advance of CHF 50.- within four days.
J. then filed a constitutional appeal and claimed a violation of Art. 4 of the Federal Constitution. He argued that Art. 77 of the Civil Procedure Code of the Canton of Bern (ZPO) provides for free legal representation and does not make any exception for debt enforcement proceedings.
Considerations
The Federal Court dismissed the appeal. It stated that the right to free legal representation under Art. 4 of the Federal Constitution applies only to civil proceedings, but not to the summary debt enforcement proceedings, the costs of which are part of the debt enforcement costs within the meaning of Art. 68 of the Debt Enforcement and Bankruptcy Act.
The Federal Court considered the interpretation and application of Art. 77 of the Civil Procedure Code of the Canton of Bern by the cantonal courts as not arbitrary. It stated that neither the Debt Enforcement and Bankruptcy Act nor the fee…