Question juridique clé
Whether refusal of appointed counsel violated the constitutional right to free legal assistance in separation proceedings
Solution extraite
Yes. Given the applicant's lack of language and legal knowledge, the importance of the maintenance issue, and the circumstances at the time of the request, appointed counsel was required.
Motifs extraits
Under Art. 29(3) BV, a needy party is entitled to free counsel when interests are seriously affected and the case presents factual or legal difficulty requiring legal assistance. Personal inability to navigate the procedure is relevant; the lower court wrongly minimized the importance of legal knowledge and the practical difficulty for an non-native speaker.