Secondly, paragraph 2 of part 2 of Art. 79 CPC provides the possibility of representation through adult members of the family, as well as through each individual who is the so-called a "full lawyer"1 and through a procedural partner. All three options allow the submission of information about individuals solely on the basis of gratuitousness.
The family members in this context of norms are engaged, (former) spouses, relatives and the relatives of the spouses of straight line, brothers and sisters and their children, (former) courses of brothers and sisters, brothers and sisters of (former) spouses, brothers and sisters of parents, (former) foster-parents and children as well as registered civil partners.
In accordance with Part 3 of Art. 79 CPC the court has the right to accept the ruling not subject to disputing that during the consideration of the case it turns out that they cannot be considered as factual and legal circumstances of the case.
Thirdly, paragraph 3 of part 2 of Art. 79 of CPC allows representation through the unions of consumers within the limits of their powers, as to exclusively claims of the payment submitted by the consumer.
Mandatory representation through lawyers is provided for all higher courts, beginning with the land court (Landgericht), both for citizens and for legal entities. Lawyers have the right to represent themselves in their own affairs. The Federal Supreme Court allows only representation through lawyers, accessible for this purpose, who has a special permit from the Ministry of Justice.
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1 The term "full lawyer" means the existence of a higher legal education in one of the German higher educational institutions, The first legal state examination, the passage of the two-year preparatory service and the surrender of the so-called the second legal state examination.
Family Process
Exceptions to the above rules of representation in civil cases are provided for in certain categories of cases. Thus, the Law on the Proceedings on Family Disputes and on Voluntary Jurisdiction in Part 1 of Art. 10, as a general rule for family matters, establishes the principle of voluntary representation (with similar restrictions on the range of possible representatives), not only in precincts, but also in higher courts, with the exception of the Federal Supreme Court.
For some particularly important types of family affairs, in particular cases arising from marital relations, this law in Art. 114 provides exceptions to the principle of voluntariness and establishes mandatory representation. A practically important example is the filing of an application for divorce, in respect of which mandatory representation through an attorney is provided.
Work process
Labor disputes in Germany are subject to review by specialized labor courts. With regard to representation in labor courts, the Law on Labor Courts in Part 1 of Art. 11 provides for voluntary representation in labor courts (the lowest part of the system of labor courts). The circle of persons entitled to act as a representative in the labor courts is limited to Part 2 of Art. 11 of this law. In addition to persons entitled to act as a representative in civil matters in accordance with the CPC, representatives of independent workers' associations and trade unions are also allowed here.
Mandatory representation is provided for by Part 4 of Art. 11 of this law in respect of cases considered by the labor courts of the lands and the Federal Labor Court. Here, only lawyers and employees of trade unions who are "full lawyers" can act as a representative.
Administrative process
With respect to the administrative process, Art. 67 of the Administrative Procedural Code, regardless of the category of cases, establishes a voluntary representation in cases considered by administrative courts, which are the lowest link in the administrative and judicial system. Here, the parties have the right to lead the process either independently or through a lawyer, or through a representative who is not a lawyer. The circle of persons entitled to act as a representative in administrative courts is limited by Part 2 of Art. 67 of APC.
In addition to those who have the right to act as a representative in civil cases in accordance with the CPC (see above), representatives in the disputes related to collection of taxes and compulsory payments can be as well as the teachers of legal disciplines of the higher educational institutions that are "full lawyers ", trade unions advocating for their members as tax consultants and auditors.
Mandatory representation of the APC provides for cases considered by the highest administrative courts of the land and the Federal Administrative Court. Here only lawyers and teachers of legal disciplines of universities can act as representatives. The office, which is a party to the case, may also be represented by an employee who is a "full lawyer". An exception is provided for disputes related to the collection of taxes and mandatory payments in which a representative in the supreme administrative courts of the land may also be tax advisors and auditors.
The social process
Some public legal disputes in Germany are subject to review by specialized courts, namely social (social security) and financial (tax and customs) issues. With regard to representation in social courts, the Law on Social Courts in Art. 73 provides for voluntary representation in social courts (the lowest link in the social and judicial system) and social courts of land. Mandatory representation is provided only for cases considered by the Federal Social Court. The circle of possible representatives in cases with voluntary and mandatory representation is established similarly to the relevant provisions of the APC.
Financial Process
Unlike all other types of proceedings, financial justice in Germany consists of two instances: financial courts and the Federal Financial Court. Art. 62 of the Regulation on Financial Courts establishes voluntary representation in financial courts where the circle of representatives is limited comparable to the relevant provisions of the APC. In cases involving the Federal Financial Court, a compulsory representation was established. In addition to lawyers, tax advisors and auditors can also serve as representatives here.
The experience of Latvia
Civil Procedure
In Latvia, the right to a fair trial is one of the most important human rights. It also contains the right of a person to legal assistance. The norm, which contains the Constitution providing for this right, is expressed as follows: - everyone has the right to the assistance of an attorney (Article 92 of the Constitution).
The right to an attorney in the understanding of Article 92 of the Constitution, firstly, includes the right to qualified legal assistance, and secondly, the duty of the state to provide such assistance to persons who cannot afford it.
Thus, the purpose of Article 92 of the Constitution, establishing the right of everyone to help an attorney, is not to restrict the right of individuals to a fair trial. The legal concept of "advocate", which contains article 92 of the Constitution, is broadly understood, this means the right of a person to receive qualified legal assistance, freely choosing a lawyer or representative in various cases, if possible from a wider range of qualified lawyers and, in some cases, also from the circle of persons defined by law.
It is also worth noting that the legal concept of "lawyer" does not apply only to sworn advocates, the legislator has the right, taking into account the specifics of each process, to establish the circle of persons who has the right to provide legal assistance in a particular process and can act as a defense attorney or representative in the case.
Given the above, the Civil Procedure Law of Latvia provides that individuals may file cases in court in person or through an authorized representative.
From the above it follows that representation in the civil procedure of Latvia is not necessary, as in many European countries. Additionally, an individual can independently decide who will represent it in civil proceedings. That is, any individual can be an authorized representative in a civil process (this can be an advocate, a lawyer or even a person without a legal education). This rule applies to the first two instances.
An exception to this broad principle is provided for cassation, where the case of an individual is led by the person himself or by a lawyer. This means that in the cassation instance a person can either represent himself or choose only a lawyer as a representative. Also, the case of a legal entity is conducted in the cassation instance by their official who acts within the powers established by law or by counsel.
This rule was presented with a view to making the cassation proceedings more efficient and ch a measure has been introduced in Latvia, since only issues of iuris are considered in the cassation instance, namely, the correctness of the application of material and procedural norms. The cassation principle has a public legal character, since it aims at uniform application of legal norms and their interpretation throughout the country. Therefore, the restrictions have two legitimate aims: the first - to provide the parties with a qualified legal representation in the court of cassation instance; the second - to ensure proper work of the court of cassation.
Administrative process
The participant in the administrative process (that is, the applicant, as well as the defendant - which is the Republic of Latvia, the administrative body or other derived legal entity of public law) can participate in the process with the help or through the intermediary of the representative. The representative can be any capable physical or legal person with restrictions that the law provides. This means that there is also no mandatory representation in the administrative process. State institutions also have the right to choose, i. e. to represent himself in person or through another representative as a lawyer (on the limitations of this principle, see commentary on article 59).
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