A proposal of the law to amend and supplement the Law on Free Legal Aid enters the parliamentary procedure

 

With the changes, it is brought into line with the Law on Expertise. Beneficiaries of free legal aid will have access to the services of an expert. 

 

Article 1 of the Draft Law, amends Article 13 paragraph 6, of the Law on Free Legal Aid in such a way that it is determined that instead of the Bureau of Judicial Expertise, expert opinions for the needs of users of secondary legal aid will be carried out by natural persons registered in the Register of Experts, or by legal entities, registered in the Register of Legal Entities that provide expertise. The wording used is in accordance with the Law on Expertise and it includes, among other things, higher education, scientific and professional institutions, as well as state administration bodies based on competences established by law.

 

The amendments regulate the rights and obligations of the participants in the procedure for secondary legal assistance. The expert must be from the appropriate area that is necessary to solve the legal issue for which the secondary legal aid is approved. The selection of the expert is carried out in accordance with the procedural laws. An obligation to cooperate with the beneficiary as well as with the appointed lawyer is established. In addition, an obligation is established that the expertise, regardless of the area in which it is performed, is exclusively for the needs of the legal issue for which secondary legal assistance is approved. The relevant laws, as well as the acts of the Chamber of Experts, apply to issues related to responsibility, waiver, or a refusal to be an expert.

 

The law regulates the procedure for payment, which, as a material provision, applies Article 29 paragraph 5 of the Law on Expertise, which regulates the amount of the award and reimbursement of costs.

 

Proposal of the law to amend and supplement the Law on Free Legal Aid will be brought after abbreviated procedure.