12.06.2023. » 12:55
OP - ED The Role of Free Legal Aid in the Protection of Human Rights in Kosovo
Danica Kompirović, a Master of Law, provides a comprehensive explanation of the concept of free legal aid, including the criteria and process for submitting requests. The text also highlights the significance of the Kosovo Free Legal Aid Agency in advancing human rights and ensuring that individuals in need have access to justice.
The Free Legal Aid Agency was established to ensure free legal assistance for all those in need. Introduced in response to the lack of access to justice and the violation of human rights, the Agency represents a key mechanism for promoting human rights in Kosovo. Through free legal aid, assistance is provided to all citizens who cannot afford to pay for legal representation for their cases or matters they wish to bring before the court.
To guarantee this, the Assembly of Kosovo adopted Law No. 04/L-017 on Free Legal Aid. This Law aims to create a functional system for providing free legal aid in civil, administrative, misdemeanor, and criminal proceedings, thereby ensuring effective access to justice for citizens who lack sufficient financial means.
Free legal aid is provided to individuals who meet the following criteria:
Eligibility criteria:
- Citizens who are residents in the territory of Kosovo,
- All persons with temporary residence in Kosovo,
- Individuals who receive free legal aid based on reciprocity.
Financial criteria:
- Primary legal aid: provided to all individuals who are entitled to social assistance or are in a similar situation to those entitled to social assistance.
- Secondary legal aid: provided to all individuals whose total family income is lower than the average family income.
Legal criteria: Legal aid is provided by assessing the merits of the case, such as:
- The actual value of the claim,
- The strength of the arguments and evidence submitted by the applicant,
- The likelihood of success of the claim.
In exceptional cases, free legal aid is provided to all individuals who are detained or arrested by the police, regardless of meeting the criteria prescribed by this Law.
To ensure the provision of free legal aid, the Council for Free Legal Aid is established as the basic institution that carries out its functions independently of other public institutions, without any instructions or interference from any person. The Council consists of seven members who are qualified experts familiar with the legal system.
This Law on Free Legal Aid also establishes the Free Legal Aid Agency.
Providers of free legal aid include:
- Regional offices,
- Mobile offices,
- Lawyers,
- Non-governmental organizations in cases where they partner with the Agency.
The process of obtaining free legal aid is initiated by submitting an application at the nearest office for free legal aid. The form and content of the application are regulated by a subsidiary act. The applicant is required to provide the necessary documentation to prove the basis for the request for free legal aid. In the absence of relevant documentation for the category of victims of violence, a written statement from the victim's advocate is accepted as the basis for the request.
Officials at the office for free legal aid are obligated to advise the applicant for free legal aid. The application form is filled out by the officials at the office for free legal aid. If the legal aid applicant provides false information on which the legal aid is based, the legal aid officers have the right to examine the recipient's financial status by requesting information from any public authority regarding their financial situation.
The decision on the application for free legal aid is obtained at the office for free legal aid. In the case of decision-making, officials assess the criteria prescribed by this Law. The office makes a decision to approve or reject the request for free legal aid, and it is issued within five working days from the day of receiving the complete documentation. The decision to approve determines the authorized services for free legal aid to be provided in relation to the approved request. Authorized services of a representative or defense counsel before the court are referred to an attorney. The recipient of free legal aid is obliged to immediately inform the office of any changes in circumstances prescribed by this law that have affected the approval decision. If it is determined that the recipient of free legal aid is using it unlawfully or continues to use free legal aid, the office immediately terminates the authorized services and requests the recipient to reimburse all costs incurred for providing free legal aid, and all such revenues are transferred to the budget of Kosovo.
The applicant has the right to appeal the decision rejecting the request for free legal aid to the Appeals Commission. The appeal is submitted within 8 days from the receipt of the rejection decision, and the commission decides within 30 days from the receipt of the appeal, and its decision is final.
Furthermore, users of free legal aid have the right to appeal against unprofessional and unethical services provided by providers of free legal aid. The appeal procedure under this article is conducted before the Appeals Commission of the Council, and it decides within 15 days from the receipt of the appeal at the office for receiving appeals for free legal aid.
By providing legal assistance to those in need, the Agency has a positive contribution to the realization of human rights in Kosovo. It is important to support further development to ensure that all citizens have equal access to justice. Additionally, efforts should be made to raise awareness among citizens about the availability of free legal aid through information campaigns, public debates, and educational programs. The goal of free legal aid in Kosovo should be to build a just society where every individual has the right to adequate legal support regardless of their financial situation. Only through such inclusive and accessible legal aid can we build a society that respects and promotes human rights.
The author of the text is Danica Kompirović, a Master of Law who, through her work as a demonstrator at the Faculty of Law in Mitrovica, an internship at the Basic Court in Mitrovica, and as a legal associate in the mobile office for free legal aid, has gained extensive experience in the field of the legal system and the provision of legal aid.
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