Facts
This decision concerns a constitutional appeal filed by X. and Y. against the president of the cantonal court of Schwyz, who had withdrawn their free legal aid for the remainder of the divorce proceedings in the second instance, on the grounds that they were no longer in need.
The Federal Tribunal examined the question of whether the withdrawal of legal aid by the second instance judge, on the grounds that the applicant is no longer in need, violates the constitutional principle of equality before the law (Art. 4 Cst.).
Considerations
The Federal Tribunal considered that the right to free legal aid, which primarily protects the right of access to the court, must be examined based on the economic situation of the applicant at the time of the application. However, if the conditions that justified the granting of legal aid disappear during the proceedings, the judge may withdraw this aid for the remainder of the proceedings.
The Federal Tribunal found that the withdrawal of legal aid by the second instance judge, on the grounds that the applicant is no longer in need, does not violate Art. 4 Cst. Indeed, the…