2014年-世界发展银行全球_Cross_Country_Comparison_of_Regional_Mechanisms_for_Delivery_of_Free_Legal_Assistance_60页_1mb

报告摘要

Cross-Country Comparison of Regional Mechanisms for Delivery of Free Legal Assistance

Core Content Overview

This report compares the mechanisms and implementation of Free Legal Aid (FLA) in Montenegro, Bosnia and Herzegovina (Brčko), Lithuania, Croatia, and Slovenia. The study was conducted between November and December 2013 and funded by the World Bank Multi-Donor Trust Fund for Justice Sector Support. It provides an in-depth analysis of the legal frameworks, procedures, types of aid, funding, registration, and supervision systems in these countries.

Key Information by Country

Montenegro

I. General Information on FLA Legal Framework

Beneficiaries: Natural persons, including citizens, stateless individuals, and foreigners with permanent or temporary residence.
Procedure for Approval: Applications are submitted to the competent court. The president of the court or a designated judge assesses the application based on financial data obtained within 15 days.
Types of Legal Aid: Legal counsel, drafting documents, and legal representation in court and constitutional proceedings.
Non-Eligible Matters: Commercial court proceedings, registration of commercial activity, criminal proceedings, and defamation cases.
Providers: Lawyers from the Bar Association, and legal aid offices within courts.
Funding: Provided from the state budget; lawyers charge 50% of regular fees.
Register: Maintained by legal aid offices and accessible to the Ministry of Justice.
Supervision: Quality control is handled by the court authority, but lacks detailed criteria and mechanisms for user complaints.

II. Implementation of FLA

In 2012, 428 applications were filed, with 304 approved.
Most users were Montenegrin citizens, with a smaller number being foreigners.
Total FLA funds approved between 2012–2013: €24,483.38, with €9,342.02 transferred to lawyers.
Budgetary support for FLA is limited and not specifically allocated.
The system is integrated into regular court operations, with legal aid offices functioning within court premises.

Planned Improvements

Enhance public awareness and information about FLA.
Amend the legal framework to align with changes in social welfare and security market conditions.
Develop quality monitoring mechanisms and indicators.
Improve cooperation between legal aid offices and NGOs.
Promote FLA among law students through clinical legal education.

Croatia

I. General Information on FLA Legal Framework

Beneficiaries: Croatian citizens, foreigners with temporary or permanent residence, asylum seekers, and those under subsidiary or temporary protection.
Procedure for Approval: Based on financial criteria, including income and asset thresholds.
Types of Legal Aid: Primary, secondary, exemption from court fees, and exemption from court procedure costs.
Eligible Matters: Includes administrative procedures, labor relations, family matters, and procedures for the peaceful settlement of disputes.
Providers: Lawyers, authorized associations, legal clinics, and state administration offices.
Funding: Provided from the state budget, with exemptions based on specific legal provisions.
Register: Maintained by the Ministry of Justice and legal aid offices.
Supervision: Quality control is managed by the court authority, with the possibility of changing counsel or imposing sanctions based on the applicant's request.

II. Implementation of FLA

The system has been in place since 2008, with by-laws regulating its implementation.
The European Commission has highlighted the need for further improvements, including better access and NGO involvement.
Legal aid is not limited to specific procedures, allowing for flexibility in its application.
The approval process considers the financial situation of the applicant and household members.

Comparative Overview

Legal Framework: Each country has its own legislation, with Montenegro and Croatia having more detailed and structured systems.
Eligibility: Criteria vary, with Croatia having more comprehensive financial thresholds.
Providers: Montenegro relies mainly on lawyers, while Croatia includes authorized associations, legal clinics, and state institutions.
Funding: Both countries source funding from the state budget, but Croatia allows for exemptions based on special legal provisions.
Implementation Challenges: All countries face issues such as insufficient budget, lack of public awareness, and limited quality monitoring.
Supervision: Quality control is primarily the responsibility of the court, with limited mechanisms for user complaints and evaluation.

Conclusions and Summary

The report highlights that while FLA systems exist in all five countries, their implementation is hindered by several common challenges, including:

Insufficient Funding: The budget allocated for FLA is not adequate to support the system effectively.
Limited Public Awareness: There is a lack of awareness among the general public about the availability and procedures of FLA.
Inadequate Quality Control: No detailed indicators or mechanisms are in place to evaluate the quality of legal aid services.
Lack of NGO Involvement: In Montenegro, the role of NGOs in providing legal aid is not well recognized or integrated.
Administrative Burden: High administrative costs in Montenegro affect the efficiency and effectiveness of FLA delivery.

Basic Recommendations

Increase Funding: Allocate specific and sufficient budgetary resources for FLA to ensure its sustainability.
Enhance Public Awareness: Implement awareness campaigns to inform citizens about FLA availability and procedures.
Develop Quality Monitoring: Create clear indicators and mechanisms for evaluating the quality of legal aid.
Integrate NGOs: Strengthen cooperation with NGOs to expand the reach and effectiveness of FLA.
Improve Legal Framework: Amend laws to better define eligibility, types of aid, and procedures for quality control.
Promote Legal Education: Integrate clinical legal education into university curricula to raise awareness among future legal professionals.

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