Partially state-funded guaranteed legal aid mechanism to be improved with EU support
On 22 June 2023 debates on a draft normative act proposing a more comprehensive and detailed regulation of the partially state-financed guaranteed legal aid mechanism were held. The event took place within the Project “Increasing transparency, accountability and access to the judicial system” (ETAAJS), implemented by the Central Agency for Project Management in Lithuania and Expertise France, with the financial support of the European Union. Representatives of the National Council for State-Guaranteed Legal Assistance, the Ministry of Justice and the Union of Lawyers from Moldova participated in the event.
The process of drafting the normative act was preceded by a deep and comprehensive analysis of the mechanism of partial state-financed legal aid system. The evaluation was carried out by ETAAJS’s international expert, Agnie Limante, who put forward a set of recommendations based on the best practices of other countries in setting up and operating a similar partial financed mechanism. The draft of the normative act was elaborated by the national expert of ETAAJS project, Natalia Roșca, who aimed the implementation of the recommendations and the creation of an efficient mechanism for partial financed legal aid guaranteed by the state. The key provisions of the draft normative act are as follows: a new methodology for calculating incomes for the purpose of granting partially state-funded legal aid, the reconsideration of the categories of persons/cases eligible for partially funded legal aid and the establishment of additional cases of refusal of legal aid.
The participants of the event welcomed the initiative, stating that it is based on the most modern international practices and will bring more clarity and predictability to the forecasting of expenses for state-guaranteed legal aid, will facilitate the process of providing state-guaranteed legal aid.
The draft normative act and the accompanying file were sent to the Ministry of Justice and the National Council for State-Guaranteed Legal Assistance, with a view to its further promotion.