ON STATE GUARANTEED LEGAL AID   |   111 / 2017

Article 8: Tasks of the Directorate for Free-of-Charge Legal Aid

The Directorate for Free-of-Charge Legal Aid is public legal person under the subordination of the Minister of Justice, in the meaning of the law for the organization and functioning of the state administration. The internal organization of the Directorate for Free-of-Charge Legal Aid shall be approved by the Prime Minister, upon the proposal of the Minister of Justice, in accordance with the legislation in force. The employment relations of the employees of the Directorate for Free-of-Charge Legal Aid are regulated by the legislation in force on the civil servant. The employment relationships of the specially trained officers attached to the primary legal aid service centre and of the support staff are regulated according to the Labour Code.

The Directorate for Free-of-Charge Legal Aid shall have these tasks:

a) effectuates the state policy in the field of legal aid; 

b) submits to the Minister of Justice the quarterly reports on the effectuation of this law and on the use of the budgetary financial means allocated for the delivery of legal aid;

c) assesses the costs and plans the expenditures related to the delivery of legal aid and presents to the Minister of Justice to be included in the state budget; 

ç) manages the budgetary funds for the delivery of legal aid;

d) collects and analyses information on legal aid delivery to improve the functioning of the system of legal aid delivery and organizes public awareness raising campaigns on the availability of legal aid and the conditions for the benefit of it;

dh) drafts the annual reports on its activity regarding the implementation of this law and of the state policy in the field of legal aid and presents them to the Minister of Justice;

e) cooperates with international organisations, legal clinics, and not-for-profit organizations, both local and foreign, in the development of the legal aid system, through the raising of awareness and the legal education of the public; 

ë) drafts the model contract with not-for-profit organizations for primary legal aid services as foreseen in this law;

f) concludes contracts with not-for-profit organizations for primary legal aid services as foreseen in this law, and effects the respective payments;

g) cooperates with the Department of Public Administration for the approval of the initial and continuous training programs for the specially trained officers, supervises their implementation and revises periodically the standards of professional training and the performance of specially trained officers;

gj) administrates, on the basis of the respective order of the Minister of Justice, primary legal aid service centres at the premises of District Courts or at other suitable premises, in accordance with the legislation in force on the state administration;

h) publishes the list of advocates who offer secondary legal aid services on the official of the Directorate for Free-of-Charge Legal Aid; 

i) publishes the model contract with advocates for the delivery of secondary legal aid services, after approval by the Minister of Justice;

j) makes the payments, based on the relevant fees for the remuneration of advocates, who offer secondary legal aid services in accordance with the provisions of this law; 

k) signs until 1 March of every calendar year, the yearly service contracts with the advocates included in the list approved by the National Chamber of Advocacy for the delivery of secondary legal aid;

l) implements the system for the evaluation of the quality of delivery of legal aid;

ll) monitors every year the delivery standards of primary and secondary legal aid services by the non-for-profit organisations and the advocates;

m) effectuates the rules on the reimbursement of payments, in accordance with this law and protects the interests of the state budget; 

n) drafts and proposes to the Minister of Justice the sublegal acts in accordance of the provisions of this law.

o) maintains, collects, completes and administers the data of the register of requests and self-declarations of subjects of this law and the data of the register of non-for-profit organizations offering primary legal aid according to the rules and procedures approved by the Minister of Justice;

p) accomplishes all other tasks assigned to it by this law.

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