Free Legal Aid in Kosovo

Law for free legal aid.
GENERAL DISPOSALS
PURPOSE
This law has the purpose to create a functional system for free legal aid on
civil,penal ,violation, and administrative procedures, through which an
effective access is secured in justice for the citizens that do not have enough
finiancial tools.
ITS SCOPE
This law determines the type and the scope of the beneficiant and the
provider of the free legal aid, the foundation of Council and Agency for free
legal aid, competencies, procedures and conditions for realisation of the free
legal aid, and funding of free legal aid.
BASIC DISPOSALS.
1. Free legal aid is offered in all the territory of Republic of Kosovo.
2.Free legal aid is offered in civil, penal, administrative and violatative
procedures.
3.Free legal aid is offered for these types.
3.1 juridical information and advices connected with legal procedures
3.2 compilation of paperworks and whole other technical assistance,
that has to do with
completion of the case.
3.3. represantation of civil,penal, administrative and violotative
procedures.
AUTHORIZED SERVICES.
1.Authorized services of free legal aid are given based on primary and
secondary legal aid.
2.Primary legal aid includes the following services;
2.1 Informations and advices linked with legal procedures.

2.2 Compilation of paperworks and whole other thechincal assistance , that
has to do with the completion of case.
2.3 Representation on civil, administrative , penal and violotative procedures.
2.4 Protection and represantiton in all phases of the penal procedure
2.5 Informations, legal aid and advices on intermediary procedures,
arbitration as it is prescribed with law in power.
3. Secondary legal aid covers the services that are provided in sub-paragraph
2.2 and 2.3 of the paragraph 2. of this article.
USERS OF FREE LEGAL AID

The criteria for granting free legal aid
1. Free legal aid is available to all persons who meet the criteria as defined in
following:
1.1. qualifying criteria;
1.2. financial criteria; and
1.3. legal criterion.
Article 7
Eligibility criteria
1. According to the qualifying criteria, the provision of free legal aid are
entitled to:
1.1. Citizens of the Republic of Kosovo, who are residing in the territory of the
Republic
Kosovo;
1.2. All persons staying temporarily in the Republic of Kosovo;
1.3. Other persons determined by law or the rules of international law, which
oblige the Republic of Kosovo;
1.4. Persons who are offered free legal aid on the basis of reciprocity.
Article 8
Financial criteria
1. Under the financial criteria, provided legal assistance:
1.1. Primary; and
1.2. Secondary.
2. Primary legal aid is provided to all persons who benefit from social
assistance law,
or they are in a similar situation with the right people who recieve social
assistance.
3. Secondary legal assistance is provided to all persons, whose total
household incoming
are smaller than the average household income.
Article 9
Legal Requirement
1. According to the legal requirement, provided legal aid by assessing the
validity of the case as;
1.1. The real value of the claim;
1.2. Argumentative strength of the evidence presented by the applicant; and
1.3. possibility of success of the application(request).
Article 10
Immediate free legal aid
Except in case of emergency, the immediate legal aid is provided to all
persons
arrested or detained, at the police, despite meeting the criteria required by
law.
Article 18
Council Members payment
1. Council members hold regular meetings as it is necessary, for which they
enjoy the rights to receive salaries.

2. For other working meetings of the Council, its members are not given any
wages.
3. Board members receive per salaries for each meeting but not more than
once in a month.
Article 22
Regional offices for free legal aid
1. Regional offices, cover the provision of free legal aid throughout the whole
territory of the Republic of Kosovo.
2. The regional offices are obliged to provide free legal aid to municipalities
that covers it
regional office, through mobile offices.
3. Competencies of the Regional Office are:
3.1. accepting requests for free legal assistance
3.2. commitment to free legal aid providers
3.3. provision of free legal assistance in accordance with the powers set out
in this law;
3.4. record keeping for applicants, beneficiaries and legal services;
3.5. coordination with local institutions for effective delivery of legal aid;
3.6. organizing legal awareness campaigns.
4. The competences specified in paragraph 3 of this Article are carried out by
officials whose qualifications is set with a bylaw.
5. Regional offices for their work respond only to the Executive Director.
FREE LEGAL AID PROVIDERS
Article 26
1. Providers of free legal aid are:
1.1. Regional offices
1.2. Mobile offices for free legal assistance;
1.3. lawyers;
1.4. non-governmental organizations when entering into

partnerships with the agency
Article 27
Regional offices
Regional offices are bodies that operate in the entire territory of the Republic
of
Kosovo, as defined on Article 22 of this Law.
Article 28
Mobile offices for free legal aid
1. The mobile offices for free legal aid are established by the Council upon
the proposal of the Executive Director.
2. The mobile offices for free legal aid as a form of legal services
organization, operating in
Municipalities in which free legal aid offices are not established.
Article 29
lawyers
1. lawyers provide legal services authorized under the primary legal aid and
secondary.
2. Chamber of Advocates prepare and submit to the Agency a list of lawyers
who express
willingness to provide free legal aid.
3. The Agency shall conclude contracts with individual lawyers willing to
provide free legal aid.
4. Lawyers offer services free legal aid authorized by the compensation fee
The Agency established by the bylaws.
5. Regional offices for cases which must represent at courts and other bodies,
beneficiaries
free legal aid, set in the updated lawyer from the Bar.
6. Procedure for engaging advocates regulated by regulations.
7. Authorized Services of representation and defense in court proceedings

provided only by
lawyers.
Article 36
Funding from the Government of Kosovo
1. The Agency is financed from the budget of the Republic of Kosovo in
accordance with the Law on Management
public finances and responsibilities.
2. The Agency manages independently with its own budget and is subject to
audit
Internal and external in accordance with applicable law.
Article 37
donations
The Agency may accept additional donations from local and international
donations. funds reported donations received by the Assembly of Kosovo on
annual basis in accordance with applicable law
Article 40
Law Nr. 04 / L-017
14
February 2, 2012
Promulgated with decree no. DL-005-2012, dated 14.02.2012 by the President
of the Republic of Kosovo
Atifete Jahjaga.

Free Legal Aid in Kosovo

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Law for free legal aid.

2.1 Informations and advices linked with legal procedures.

USERS OF FREE LEGAL AID

enjoy the rights to receive salaries.

1.4. non-governmental organizations when entering into

7. Authorized Services of representation and defense in court proceedings

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