Facts
The case concerns the entitlement to free legal representation in the cantonal appeal procedure in the field of social insurance. The appellant, Mr. Oetiker, had filed an appeal against the decision of the State Unemployment Office Basel-City and the Arbitration Commission for Unemployment Insurance of the Canton of Basel-City.
The Federal Supreme Court had to clarify whether the appellant, despite the lack of an express provision in the Unemployment Insurance Act (AlVG), is entitled to free legal representation in the cantonal appeal procedure.
Considerations
The Federal Supreme Court states that the entitlement to free legal representation exists under the same conditions in all branches of federal social insurance law, and thus also for the cantonal appeal procedure. This results from the largely identical wording in the individual social insurance laws.
According to the case law of the Federal Supreme Court, free legal representation must generally be granted if the party is in need and the proceedings do not appear to be obviously hopeless. In practice, it must be examined whether a non-needy party would…