act on free legal aid-31

8/12/2019 Act on Free Legal Aid-31

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THE CROATIAN PARLIAMENT

2098

Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby issue the

DECISION

PROMULGATING THE FREE LEGAL AID ACT

I hereby promulgate the Free Legal Aid Act passed by the Croatian Parliament at its session on 16 May 2008.

Class: 011-01/08-01/45

Reg. No.: 71-05-03/1-08-2

Zagreb, 23 May 2008.

The President of the Republic of Croatia

Stjepan Mesi, m.p.

FREE LEGAL AID ACT

I. GENERAL PROVISIONS

1. The Subject matter of the Act


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Article 1

This Act regulates the meaning of, types and range of free legal aid (hereinafter: legal aid), the beneficiaries of legal aid, the competence,

procedure and conditions for realizing legal aid, the providers of legal aid, legal aid for reasons of fairness, transborder realization of legal aid,

financing legal aid, and supervision of the implementation of the Act.

2. The notion of legal aid

Article 2

Legal aid, for the purposes of this Act, is a form of facilitating access to court and other bodies which adjudicate on the rights and obligations of

Croatian citizens and foreigners, where the costs are paid in their entirety or in part by the Republic of Croatia, taking into account their financial

position and the fact that they would not be able to exercise that right without risk to their livelihood and the maintenance of the members of their

household.

3. The meaning of expressions used in the Act

Article 3

For the purposes of this Act the following expressions shall mean the following:

1. Members of the householdare marital or extra-marital partners, children and relatives in a direct line to the fourth degree and indirect line to

the second degree, exclusively, who live in the same housing accommodation with the applicant for legal aid, who jointly bear the costs and

meet the needs of their life together.

2. The applicants assets are all moveable property, immoveable property and property rights, amounts of cash in domestic or foreign

currency, savings or monetary savings in personal accounts or savings accounts, gifts, securities, shares, shares in capital and other assets in this

country and abroad in the ownership of the applicant and adult members of his/her household.

3. The financial statusof the applicant consists of the total income, total revenue and assets of the applicant and members of his/her household.

4. The beneficiary of legal aid is the physical person who makes use of the forms of legal aid prescribed by this Act.


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5. Unjustified use of legal aid is legal aid approved or received on the basis of false information or undisclosed facts, or received by alteration

of the facts in the order.

6. Statement on financial status in particular contains data on the applicant, on his/her total revenue, total income in the year in which the

application is made, and the assets of the applicant and members of his/her household and especially contains data on the type of revenue, the

amount of revenue, the type of assets and their market value on the day of the application.

7. General legal information is a free form of legal aid containing general and principle instructions on legal regulations in a specific area.8. Authorized association is an association which meets the conditions prescribed by this Act and which on the basis of a decision is

authorized to offer legal aid and is registered in the register of associations providing legal aid.

9. Certificate of income is a certificate issued by the Tax Administration in the current year for the previous calendar year at the request of the

applicant and members of his/her household.

10. Legal advice consists of complete instructions on the manner and possibilities of resolving individual legal matters.

11. Revenueaccording to the regulations on taxable income, receipts which are not considered to be income and revenue on which income tax

is not payable, as well as other non-taxable revenue of the applicant and members of his/her household.

12. Providers of legal aid are lawyers, associations, or institutions of higher education conducting university courses in the scientific field of

law, which provide legal aid through law clinics, and who pursuant to this Act provide individual forms of legal aid.

13. Drawing up documents in proceedings is writing documents to institute proceedings or which are submitted in certain phases of the

proceedings, and for which no power of attorney has been issued.14. Total income is the total amount of income of the applicant and the income of the members of his household, earned in this country and

abroad, pursuant to the regulations on taxable income, reduced by the amount of tax and excises paid.

15. Total receiptsare the total amounts/values of the revenue of the applicant and members of his/her household, received in this country and

abroad.

16. An order isan administrative actapprovingthe use of one of the forms of legal aid prescribed by this Act and regulates the scope of the

legal aid approved.

17. The office is the office of state administration in the county or in the City of Zagreb. The competent office is the office in whose area of

territorial jurisdiction the applicant is permanently or temporarily resident. If he/she is a Croatian citizen with no residence in the Republic of

Croatia or a foreigner, the competent office is the office in whose area of territorial jurisdiction the seat of the court or administrative body, or

legal entity vested with public authority is before which the applicant is instituting proceedings.

18. Adequate living accommodation is a flat or house of up to 35 m2usable space for one person, increased by 10 m2 for each subsequent

person, plus or minus 10m2.


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II. FORMS AND SCOPE OF LEGAL AID

1. Forms of legal aid

Article 4

(1)Legal aid is received in the form of primary or secondary legal aid.(2)Primary legal aid comprises:

- general legal information- legal advice- legal assistance in drawing up documents before administrative bodies and legal entities vested with public authority- representation in administrative matters- legal aid in peaceful out-of-court settlement of disputes- representation before the European Court of Human Rights and international organizations, if this is in accordance with international

agreements and regulations on the work of those bodies

(3)Secondary legal aid consists of:-representation before courts- legal aid in peaceful settlement of disputes before a court- drawing up documents in court proceedings

(4)Approval of any form of legal aid includes exemption from payment of taxes and thecosts of the proceedings.

Article 5

(1)Realization of legal aid pursuant to the provisions of this Act will be approved in all proceedings before courts, administrative bodies andother legal entities vested with public authority, if they are adjudicating on the beneficiarys existential issues.

(2)Existential issues for the purposes of this Act are: status matters, rights from the social welfare system, rights from pension and invalidityinsurance and other forms of support, employment rights, protection of children and young adults, protection of victims of criminaloffences, trafficking in human beings and domestic violence, and when it is prescribed by international agreements to which the Republic

of Croatia is a party, and property rights matters in relation to protection of immoveable property up to the size of adequate living

accommodation, pursuant to Article 3 of this Act, or protection of means for work vital for the maintenance of the beneficiary and


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members of his/her household and monetary means up to the amount of twenty of the lowest monthly bases for calculation of and

payment of contributions for obligatory insurance on the day the application is filed, pursuant to the Act on Obligatory InsuranceContributions, per member of the household.

(3)As an exception to paragraph 1 of this Article, in court proceedings the court may, at the request of a party who does not meet theconditions prescribed by this Act, approve legal aid for reasons of fairness.

2. The scope of provision of legal aidArticle 6

(1)Approval of legal aid relates to complete or partial provision of payment of the costs of legal assistance.(2)Approval of legal aid may be limited only for the reasons prescribed by this Act.

III. BENEFICIARIES OF LEGAL AID

Article 7

(1)Within the meaning of this Act, beneficiaries of legal aid are Croatian citizens and foreigners with temporary or permanent residence,asylum seekers and those granted asylum, foreigners under subsidiary protection and foreigners under temporary protection, who are

unable to bear the costs of legal assistance without risk to their livelihood.

(2)Beneficiaries of legal aid, as well as the persons in paragraph 1 of this Article, are asylum seekers in proceedings for which legal aid forasylum seekers is not prescribed by a separate Act.

(3)Foreigners with temporary or permanent residence may realize the right to legal aid if in the country of their citizenship they meet theconditions for approval of the right to legal aid in proceedings for which legal aid may be approved according to the provisions of this Act

and in proceedings for which legal aid may be approved to Croatian citizens.

(4)Children of foreigners who are in the Republic of Croatia, and not accompanied by their parents or legal guardian, are beneficiaries oflegal aid.

Article 8


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(1) It shall be deemed that a person is unable to meet the costs of legal aid without endangering his/her livelihood if he/she is a recipient ofrights from the social welfare system and other forms of assistance, or the right to maintenance pursuant to the Act on the Rights ofCroatian Homeland War Veterans and Members of their Families and the Act on Protection of Military and Civilian War Invalids, or if

the financial status of the applicant and adult members of his household meets the following conditions:

a) When the assets in monetary form of the applicant and members of his/her household do not amount to more than twenty of thelowest monthly bases for calculation and payment of contributions for obligatory insurance on the day the application is filed,pursuant to the Act on Obligatory Insurance Contributions, per member of the household.

b) When the applicant or members of his/her household possess assets, apart from assets in monetary form, whose total value does notexceed the amount of twenty of the lowest monetary bases for calculation and payment of contributions for obligatory insurance on

the day the application is submitted, pursuant to the Act on Obligatory Insurance Contributions,

c) When the applicant or members of his/her household own a flat or house considered to be adequate in the sense of Article 3 of thisAct, and if they own a car whose value does not exceed eighteen of the lowest monthly bases for calculation and payment of

contributions for obligatory insurance on the day of submitting the application, pursuant to the Act on Obligatory Insurance

Contributions.

d) When the total income and total revenue of the applicant and members of his/her household each month do not exceed, per member ofthe household, the amount of the lowest base for calculation and payment of contributions for obligatory insurance on the day the

application is submitted, pursuant to the Act on Obligatory Insurance Contributions.

(2) Free legal aid shall also be granted to children whose parents or other persons are obliged to support them according to the provisions of

the law, in proceedings conducted before competent bodies for the realization of the rights of children to maintenance regardless of the

financial status of the family.

IV. PROVIDERS OF LEGAL AID

Article 9

(1) According to the provisions of this Act providers of legal aid are attorneys, authorized associations and institutions of higher education.(2) Providers of legal aid offer some forms of legal aid for a fee(3) As an exception to paragraph 2 of this Article, providers of legal aid do not charge for offering general legal information.(4) Providers may not use any form of advertising of provision of legal aid pursuant to the provisions of this Act. In cases of prohibited

advertising, the measures shall be applied as prescribed by this Act for negligent provision of legal aid.


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1. Provision of legal aid by attorneys

Article 10

(1)Primary and secondary legal aid, pursuant to the provisions of this Act, is offered by attorneys.(2)Attorneys may not refuse to provide legal aid pursuant to the provisions of this Act, except in cases prescribed by the Attorneys Act forrefusal to provide legal aid.

(3)The applicant for approval of legal aid (hereinafter: the applicant) may report refusal to provide legal aid to the minister responsible forjustice affairs.

(4)Unfounded refusal to provide legal aid shall be deemed to be negligent provision of legal aid, in the sense of this Act.2. Associations as providers of legal aid

Article 11

(1)Authorized associations may provide primary legal aid pursuant to the provisions of this Act.(2)Authorized associations may not refuse to provide legal aid to an applicant with an order.(3)Associations obtain the right to provide legal aid by registration in the register of associations who provide legal aid at the ministry

responsible for justice affairs. Associations are registered when they provide evidence that they have ensured the provision of legal aid by

persons with a law degree, who have passed the state professional or bar examination and have at least two years work experience in the

profession or a scholarly post, and when they provide evidence of payment of insurance against liability for damages caused to parties by

provision of legal aid, in the amount of 50% of the insurance prescribed by the Attorneys Act.

(4)Authorized associations may provide legal aid to persons who are not beneficiaries of legal aid pursuant to the provisions of this Act, orbeyond the funding approved on the basis of a project and without the right to reimbursement.

Article 12

(1)Associations shall submit an application for registration in the register of associations who provide legal aid to the ministry responsiblefor justice affairs.


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(2)The application shall include the statute of the association, the ruling on registration in the associations register, evidence of provision ofcooperation of persons who, according to the provisions of this Act, may offer legal aid within the association, and a copy of theinsurance policy against liability for damages.

(3)The provisions of the Associations Act shall apply as appropriate to the procedure for registration of the association in the register ofassociations which provide legal aid.

(4)A ruling shall be issued on the registration of the association in the register of associations which provide legal aid, authorizing theassociation to provide primary legal aid.(5)No appeal is permitted against a ruling refusing registration in the register, but an administrative dispute may be instituted.(6)The minister responsible for justice affairs shall prescribe by regulations the manner of running and the form of the register of

associations authorized to provide legal aid.

Article 13

(1)Unions shall provide primary legal aid pursuant to the provisions of this Act, under the conditions prescribed for authorized associations.(2) The application for registration in the register of associations who provide legal aid shall include the statute of the association, the ruling

on registration in the register pursuant to the Labour Act, evidence of provision of collaboration of persons who according to the

provisions of this Act may offer legal aid within an authorized association, and a copy of the insurance policy against liability fordamages.

(3)Pursuant to the Labour Act and the Civil Procedure Act, unions may provide legal aid independently from the provisions of this Act.

3. Institutions of higher education

Article 14

(1)Institutions of higher education offering university courses in the field of law may provide primary legal aid through law clinics inaccordance with their own general acts, and as primary legal aid, give general legal information, legal advice and draw up documents.

(2)Law clinics have the right to decide to provide legal aid in line with the goal for which they were founded and the program by which theyoperate.

(3)Institutes of higher education may offer legal aid to persons who are not beneficiaries of legal aid according to the provisions of this Act,but outside the funds approved for the project and without the right of repayment.


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V. THE PROCEDURE FOR REALIZING LEGAL AID

Article 15

(1)The procedure for approval of legal aid is instituted by submitting an application to the office.(2)Exceptionally, the procedure for approval of primary legal aid may be instituted by direct submission of an application to authorizedassociations, unions or legal clinics.

1. Applications for approval of legal aid

Article 16

(1) The application is to be submitted to the office on the prescribed form, and it is also necessary to enclose a written statement by theapplicant and members of his/her household on their assets, and a written statement by the applicant and members of his/her household

giving permission to inspect all data on assets and revenue.

(2) As an exception to paragraph 1 of this Article, victims of domestic violence shall only submit the statement from paragraph 1 of thisArticle for themselves.

(3) Asylum seekers and those granted asylum, foreigners under subsidiary protection, foreigners under temporary protection and victims oftrafficking in human beings, shall enclose with their application a certificate on their status from the competent body.

(4) Exceptionally, if a person applies directly to an authorized provider from Article 15, paragraph 2, along with the prescribed form he/sheshall enclose a certificate from the tax administration on the amount of revenue of the applicant and members of his/her household and a

statement by the applicant and members of his/her household on their assets.

(5) The applicant from paragraph 4 of this Article who is the beneficiary of some other right from the social welfare system and other formsof support shall include with the application a certificate from the competent centre for social welfare on the type and amount of support

received in the last twelve months or who is a beneficiary the right to maintenance pursuant to the Act on the Rights of Croatian

Homeland War Veterans and members of their Families, and the Act on Protection of Military and Civilian War Invalids, shall include

with the application a certificate or copy of the ruling on maintenance.

Article 17


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The application form for approval of legal aid, and the form for the statement of assets and permitting examination of data on assets, and the list

of documents stating the level of income for the current year, shall be prescribed by the minister responsible for justice affairs by means ofregulations.

Article 18

Information on the possibilities and conditions for making use of legal aid, as well as the application form for approval of legal aid shall be made

available to parties by first instance judicial bodies, first instance administrative bodies and legal entities vested with public authority, as well as

providers of legal aid and the offices who approve legal aid.

Article 19

Legal entities who conduct the work of financial transactions are obliged to provide data on accounts and the balance on these accounts, on the

basis of the statement by the application for approval of legal aid that he/she permits examination of all data on his/her assets, and at the request

of the Office.

Article 20

The applicant shall be materially and criminally liable for the accuracy of the data given in the application for legal aid.

Article 21

The office shall verify all the facts given in the statement by the applicant according to its own assessment. The office is obliged to verify at least

ten percent of requests submitted in one quarter. The office will always verify information on financial circumstances when requested to do so by

the competent court, the administrative body, or entity vested with public authority, conducting the proceedings or a person with a legal interest.

2. Deciding on the application for realization of legal aid and issuance of orders

Article 22


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(1)Applicants are approved legal aid who meet the conditions for realization of the right to legal aid, by the issuance of an order. The orderdetermines the type and form of aid approved.

(2)If the office establishes that an applicant does not meet the conditions for approval of the right to legal aid, it shall render a decisiondenying the application.

(3)The applicant may lodge an appeal against the decision by the office in paragraph 2 of this Article, within 8 days of the day of receipt ofthe decision, with the ministry responsible for justice affairs, who is obliged to decide on the appeal within 8 days of the day of receipt ofthe appeal.

(4)An administrative dispute may be instituted against a decision by the ministry responsible for justice affairs rejecting the appeal.Article 23

(1)The office shall decide on the application for use of legal aid within 15 days from the day of the application.(2)As an exception, if the order is issued for a legal matter in which the applicant, due to the expiration of a time limit, would not be able to

realize the right which is the subject of the proceedings after 15 days, the order shall be issued immediately, and at the latest within a time

limit which enables the applicant to undertake the actions to realize his/her right in good time.

(3)No administrative tax is payable for filing an application for approval of legal aid.Article 24

(1)When approving legal aid, the financial status of the applicant shall be established for twelve months before the beginning of the month inwhich the request for legal aid was submitted.

(2)The total income and total revenue of the beneficiary and members of his/her household realized in a period of twelve months before thebeginning of the month in which the application for approval of legal aid was submitted, shall be calculated in proportional parts (1/12).

Article 25

(1)Financial status is established by the simultaneous fulfilment of the conditions based on total income, total revenue and the assets of theapplicant and adult members of his/her household.

(2)Revenue which for the purposes of this Act is not taken into consideration when establishing the financial status is taken to be:- Support for care of war invalids and members of families of the killed, captured or missing Croatian veterans of the Homeland War;- Child allowance and monetary revenue for equipment for a newborn;


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- Income, assistance and payments to disabled persons, apart from salaries and pensions;- Assistance in the case of destruction or damage to property due to natural disasters;- Assistance in the case of destruction or damage to property resulting from war;- Payments received by a foster family;- Social welfare benefits and other forms of assistance;- Benefits paid to parents for a child with severe developmental disturbances;- Funds for temporary maintenance pursuant to the Family Act;- Revenue received by physical persons on the basis of gifts from legal and physical persons for their health needs;- Grants to pupils and students, for regular education up to the amount permitted by tax regulations;- Payment of travel expenses for business trips up to the amount of the actual cost;- Payment of accommodation for business trips up to the amount of the real cost;- Payment of costs of transport to and from work by local public transport in the amount of the actual cost, according to the price of

monthly or periodical tickets;

- Payment of costs of transport to and from work by inter-city public transport in the amount of the actual cost, in the manner prescribed bytax regulations;

- Payment for the use of a private car for business purposes according to the tax regulations;- Support for invalidity of an employee up to the level established by the tax regulations;- Assistance in the case of the death of an employee up to the amount set by tax regulations;- Assistance in the case of the death of a member of the household of an employee;- Compensation for damages arising from deteriorating health or reduced or loss of working capacity;- Compensation for damages for lost maintenance due to the death of the maintenance provider;- Support due to unbroken sick leave of an employee in line with the tax regulations;- A gift to a child up to 15 years old and annual Christmas bonuses in the amount set by the tax regulations;- The amount of expenses for business trips, fieldwork, sea time supplement up to the level set by the tax regulations.

(3)Assets which for the purposes of this Act, are not taken into consideration when establishing financial status are:- The flat or house in which the applicant lives, if it is in his/her ownership, or the ownership of members of his/her household, which, in

the sense of Article 3 of this Act is considered to be adequate living accommodation and business premises and things which directly

serve for performing a job on a level providing the minimal conditions for maintenance of the applicant and members of his/her

household pursuant to Article 8, point a) of this Act.- Items which, in accordance with the regulations on execution in civil disputes and in disputes for payment of insurance, are exempt from

execution, except cash money and a personal vehicle valued at a maximum of eighteen minimum monthly basis for calculation and

payment of contributions for obligatory insurance pursuant to the Act on Obligatory Insurance Contributions;


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(4)The financial status of the applicant and members of his/her household shall be established on the basis of the statements by the applicantin the Statement of Assets and the Certificates of Income of the applicant and members of his/her household.

Article 26

(1)When issuing approval for legal aid, income and revenue shall not be taken into account from non-independent work and independentwork, pursuant to the regulations on income tax, which the applicant and members of his/her household ceased to earn in the period oftwelve months before the beginning of the month in which the application is submitted for approval of legal aid, if in that period of time

his/her employment contract was terminated or he/she ceased performing independent work.

(2)If the beneficiary and members of his/her household started earning income and revenues on the basis of non-independent work andindependent work during the twelve months before the beginning of the month in which the application for approval of legal aid was

submitted, the financial status for approval of legal aid shall include the amount of that income and those revenues in proportion to the

number of months in which they began to be realized.

(3)When approving legal aid, the financial status shall not be taken into account of those members of the household who in the proceedings,for which the application for approval of legal aid was submitted, are the opposing party of the applicant.

Article 27

(1)If after approval of legal aid changes occur to the financial status of the applicant, which, if they had existed at the time of submitting theapplication, would have led to the denial of the application or approval of the application in a lesser scope, a decision shall be made to

terminate the use of legal aid, or the order shall be amended to establish a smaller scope of legal aid.

(2)A beneficiary of legal aid to whom the European Court of Human Rights or another international institution in proceedings beingconducted before it, approves the use of legal aid, shall by a ruling halt further use of legal aid pursuant to the provisions of this Act,

without the obligation to return the amount of costs and fees previously paid out as legal aid.

(3)If it is established that the applicant has given inaccurate information, legal aid will not be approved and the applicant will not be able tosubmit a repeated request within six months following the rendering of the decision.

(4)If during the course of use of legal aid it is established that the applicant has given inaccurate information in the statement about his/herfinancial circumstances, the provisions will be applied which relate to the unjustified use of legal aid.

(5)If the applicant or members of his/her household, within 12 months prior to the filing of the application for approval of legal aid, disposedof assets without payment whereby, due to this disposal, the conditions for approval of legal aid were met pursuant to the provisions of

this Act, the provisions of the Act shall be applied relating to unjustified use of legal aid.


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Article 28

(1)Beneficiaries of legal aid must meet the conditions established for legal aid throughout the course of the proceedings for which it isapproved.

(2)From the filing of the application for approval of legal aid until the final calculation of the costs of legal aid, the beneficiary of legal aid isobliged to inform the office of all changes which could affect the right to realization and scope of legal aid.

(3)The beneficiary of legal aid is obliged to inform about the occurrence of changes within eight days of learning of them, otherwise theprovisions of this Act on the unjustified use of legal aid will be applied on the beneficiary.

Article 29

(1)The office shall by its official duty re-examine the right to legal aid if it learns of the existence of new circumstances which may affect theapproval or scope of the legal aid approved.

(2)On the basis of the new facts and circumstances a decision will be made.(3)The beneficiary of legal aid has the right to lodge an appeal against the decision to cancel or amend the order, to the ministry responsible

for justice affairs within 8 days of receipt of the decision. An administrative dispute may be instituted against a decision by the ministry

responsible for justice affairs rejecting the appeal.

3. Orders

Article 30

(1)Orders issued for primary legal aid contain a certificate of fulfilment of the conditions for receiving legal aid and give the right to use allforms of primary legal aid.

(2)Orders issued for secondary legal aid are issued for specific types of proceedings and instances which do not include proceedings onextraordinary legal remedies, for which a new order must be requested.

(3)The beneficiary of legal aid shall decide independently on the basis of the order issued on the choice of provider of legal aid, bearing inmind the authority of the provider to offer specific forms of legal aid.

(4)When choosing the provider of legal aid, the beneficiary may not unjustifiably increase the costs of the legal aid offered, otherwise costsunjustifiably created shall be borne by the beneficiary of legal aid.

(5)The beneficiary shall immediately submit the order to the chosen provider.


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Article 31

(1) Orders are issued for the exercise of the right to legal aid in the full amount:

a) When the beneficiary is exercising the right on the basis of social welfare or other forms of assistance or the right to maintenanceaccording to the Act on the Rights of Croatian Homeland War Veterans and Members of their Families;

b) When the total income of the beneficiary and members of his/her household amounts to 50 percent or less per member of his/herhousehold of the minimum monthly base for calculation and payment of contributions for obligatory insurance according to the Acton Obligatory Insurance Contributions;

(2) For each increase in the amount from paragraph 1, point b) by each further ten percent, the scope of legal aid shall be reduced by 10%, but

not below 50 percent of the amount of payment of legal aid established.

Article 32

When legal aid is not approved to the full extent, the applicant may submit an appeal in relation to the part of the request for which legal aid

was denied, in the manner and under the conditions prescribed by this Act when the request for legal aid is denied. An administrative dispute

may be instituted against a ruling by the ministry responsible for justice affairs rejecting the appeal.

Article 33

(1) Orders must contain the following information:

- The name and surname of the person who meets the criteria for the use of legal aid and the number of his/her personal identitydocument and his/her permanent or temporary residence,

- The number and date of issue of the order for exercise of the right to legal aid,- A brief description of the legal matter for which legal aid has been approved,- The form and scope of the legal aid approved,- A caution regarding the manner of choice of provider of legal aid, pursuant to Article 30, paragraph 3 of this Act,- The signature of the person authorized to issue orders,- The type, scope and date of conclusion of individual actions included in legal aid offered, and the name of the provider of legal aid

(including enclosures),- The total costs of the legal aid offered,- The date of return of the order,- A calculation of costs or individual amounts which are to be returned or refunded,


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- The signature of the authorized person who calculated the costs,- The signature of the person authorized by the office, including the amount proposed for refund,- A caution regarding the legal consequences of violation of the provisions of this Act in relation to the order.

(2) Orders according to which all costs have been calculated and paid, or orders which are included in the annual accounts of an association

or law clinic, are considered to be closed.

Article 34

The minister responsible for justice affairs shall prescribe the form for the order by means of regulations.

Article 35

(1)The office shall keep records of orders issued, costs paid and closed orders. A Book of Rules on keeping records shall regulate the wayrecords are kept, the content of the records, and especially data on the length of proceedings for which orders are issued, the value of

proceedings, the providers of legal aid and the bodies before which the proceedings are conducted.

(2)The Book of Rules from paragraph 1 of this Article shall be adopted by the minister responsible for justice affairs.

4. Amendments to orders

Article 36

If the order is altered by the addition or deletion of the date or alteration of the content of the order in any other way, the alterations will only be

accepted if they are signed and authorized by an authorized person.

Article 37

If the beneficiary of legal aid is completely or partially successful in the proceedings, and the court adjudicates property or income to him/her, or

when in administrative proceedings certain assets or income are assigned to him/her apart from property or income which according to theprovisions of this Act is exempt from assessment of the financial status of the applicant, the beneficiary is obliged to refund the amount of legal

aid paid according to the calculation of the order to the State Budget, if that amount has not been paid by the opposing party into the State

Budget.


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Article 38

If the beneficiary of legal aid loses the dispute for which legal aid was approved to him/her, he or she is not obliged to refund the costs paid by

legal aid.

Article 39

The Minister of Finance may adopt more detailed instructions on the procedure and method of calculating the orders issued.

5. Abuse of the right

Article 40

(1)Pursuant to the provisions of the Civil Procedure Act, beneficiaries may not use legal aid for frivolous conduct of proceedings.(2)On the basis of a court decision, the office shall cancel the order issued pursuant to the provisions of this Act on unjustified use of legal

aid.

Article 41

(1)The beneficiary of legal aid is obliged to refund costs of unfounded use of legal aid with default interest. Default interest is calculatedfrom the day on which the applicant was obliged to inform the office of the changes arising. These returned funds are income to the State

Budget.

(2)The manner and time of return of payment for unjustified use of legal aid shall be set by the office in a decision declaring that thebeneficiary received legal aid without justification.

(3)The applicant may lodge an appeal against the decision declaring unjustified use of legal aid, according to the provisions of this Act ondenial of a request for legal aid.

(4)The office may, at the beneficiarys proposal, conclude a settlement on how he/she is to refund the payment of costs for unjustified use oflegal aid, when there are reasons for this, based on the beneficiarys financial status. The concluded settlement is an enforcement title.

(5)If no settlement is concluded or the beneficiary fails to refund the amount voluntarily within the time limit set by the ruling, the officewill submit a proposal for execution ex officio. In this case the final decision is an enforcement title.


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VI. LEGAL AID FOR REASONS OF FAIRNESS

Article 42

(1)A request for approval of legal aid for reasons of fairness is to be submitted in writing to the court competent for adjudicating in theproceedings for which legal aid is requested. In the request the reasons shall be given, with an explanation why approval of legal aid is

being requested for reasons of fairness. It is necessary to enclose with the request evidence of the number of members of the household, a

certificate from the Tax Office on the amount of income of the applicant and members of his/her household, and other evidence of the

level of income and a statement on the financial status of the applicant and members of his/her household.

(2)The court shall approve legal aid from paragraph 1 of this Article if it assesses that:- the proceedings are complex- the party does not have the ability to represent him/herself- the financial status of the party is such that hiring an attorney would endanger the livelihood of the party and members of his/her

household.

(3)An application for approval of legal aid for reasons of fairness may be submitted when court proceedings are instituted or during the courtproceedings. When the application is submitted during the course of the proceedings, the proceedings shall be stayed until a decision is

rendered.

Article 43

(1)Legal aid for reasons of fairness is approved by the court which is competent for deciding on the subject of the dispute.(2)The court ruling approving legal aid is sent to the party and the office, who shall issue an order on the basis of the ruling.(3)No separate appeal may be lodged against a decision to deny a request for approval of legal aid for reasons of fairness, but the party may,

as part of an appeal against a decision in the proceedings, also lodge an appeal against the denial of the request for approval of legal aid.

Article 44


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(1)A prior ruling by the office of state administration refusing an application for legal aid is not necessary for approval of legal aid forreasons of fairness in court proceedings, but the court may, if it considers that the application meets the criteria, instruct the applicant tosubmit a request to the office first.

(2) The costs of legal aid for reasons of fairness cover the costs of the proceedings and fees according to the provisions of this Act. Thesecosts are advanced from the funds of the court, and are finally borne from budget funds earmarked for legal aid, depending on the success

in the dispute.

VII. SPECIAL PROVISIONS ON APPROVAL OF LEGAL AID IN CROSS BORDER DISPUTESArticle 45

(1)A cross border dispute, for the purposes of this Act, is a dispute in which the party requesting legal aid is permanently or temporarilyresident in a member state of the European Union, which is not the member state in which the court is acting, or where the court order

must be executed.

(2)Legal aid in cross border disputes is approved in civil and commercial matters, and in mediation proceedings, out of court settlements,execution of public documents and legal counselling in these proceedings. Proceedings related to taxes or customs and administrativeproceedings are not cross border disputes.

(3)The existence of a cross border dispute is established according to the time of filing of the application for legal aid.(4)The provisions on cross border disputes shall not be applied in relation to the Kingdom of Denmark.

Article 46

(1)Applicants for legal aid in cross border disputes shall be granted legal aid if they meet the criteria laid down by this Act.(2)Exceptionally, legal aid may also be granted when a party does not meet the criteria for granting legal aid in this Act, and if the applicant

for legal aid proves that he or she is not capable of paying the costs of the proceedings due to the difference in the cost of living between

the Member State, in which he or she has permanent or temporary residence, and the cost of living in the Republic of Croatia.(3)Court fees are not charged in proceedings for granting legal aid in cross border disputes.

Article 47


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(1)A party who has permanent or temporary residence in a European Union Member State and applies for legal aid in a cross border disputebefore a court in the Republic of Croatia, is entitled to legal aid in accordance with this Act. The law of the state in which he or she haspermanent or usual residence applies to the determination of permanent or usual residence.

(2)The person from paragraph 1 of this Article or the competent body of the member state in which the applicant has permanent or usualresidence (the sending body), shall send the application for legal aid in the Republic of Croatia to the ministry responsible for justice

affairs (the receiving body).(3)Forms and all attached documents must be submitted in translation into Croatian. Failing that, the legal aid application shall be dismissed.(4)The Ministry competent for justice affairs shall deny an application by means of a decision, if it is not a matter of a cross border dispute

within the meaning of this Act, and if the application has been filed by a party who does not have the right to legal aid in cross border

disputes.

(5)No appeal is permitted against the decision to deny or dismiss the application, but an administrative dispute may be instituted.Article 48

(1)A correctly filed application for approval of legal aid will be sent by the ministry responsible for justice affairs to the office for a decision.The office shall examine the application within 60 days and issue an order, or render a decision to deny the application for legal aid,

which shall be sent to the party via the ministry responsible for justice affairs.(2)The ministry responsible for justice affairs shall, with the order, send the party a list of attorneys in the area of the competent body.(3)When the office renders a decision to deny the application for legal aid, the foreigner may lodge an appeal with the ministry responsible

for justice affairs within 30 days of receipt of the decision.

(4)The ministry competent for justice affairs shall decide on the appeal within 30 days.Article 49

Legal aid approved in a member state of the EU in which the court adjudicates, covers the following costs, directly related to cross border

disputes:

(a) Interpretation,(b)translation of documents required by the court or competent body, submitted by the beneficiary of legal aid as they are necessary to

resolve the case,(c) travel expenses borne by the applicant if the court or law of the member state of the EU requires the presence in person of persons

charged with representation of the applicants case before the court, and the court decides that those persons cannot be heard in

another way acceptable to the court.


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Article 50

(1)A party who has permanent or usual residence in the Republic of Croatia, who requests legal aid in a cross border dispute before the courtof another state, which is a member of the European Union, shall submit the application for legal aid to the office in his/her place of

residence.(2)The office shall pass the application on to the ministry responsible for justice affairs within eight days of receiving the application.(3)The ministry responsible for justice affairs shall translate the application and the enclosed documents into the official language or one of

the official languages of the member state of the EU and the receiving body, and send it on to the competent body in the EU member state

in which the court is adjudicating or in which the execution of a court order is requested (receiving body) within 15 days of receiving the

application. If the legal aid is not approved, the applicant shall repay the costs of the translation.

(4)The ministry responsible for justice affairs shall deny the application by a decision if it is not a matter of a cross border dispute within themeaning of this Act, or if the application was submitted by a party who does not have the right to legal aid in cross border disputes.

(5)No appeal is permitted against a decision to deny an application, but an administrative dispute may be instituted.(6)Notwithstanding paragraph 1 of this Article, persons from paragraph 1 of this Article may file an application for provision of legal aid

directly to the body competent to receive applications in the member state of the European Union in which the court is adjudicating or

where the court order is to be executed.

Article 51

When the applicant for legal aid has permanent or usual residence in the Republic of Croatia, legal aid shall be provided to cover:

(a)costs related to the assistance of a local attorney or other person who pursuant to the law is authorized to offer legal advice, whichwere incurred within the member state of the EU where the court is adjudicating up to the member the application for legal aid is

received, pursuant to the provisions of the Directive from Article 52 of this Article,

(b)translation of the application and the necessary enclosed documentation being sent to the bodies of that state.Article 52

Legal aid applications and applications for sending legal aid applications from Article 47 and 48 of the Act shall be submitted on the forms

prescribed by the Commission Decision 2004/844/EZ of 9 November 2004, establishing a form for legal aid applications under Council Directive2003/8/EZ to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid in such disputes, and


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(8)As part of the funds provided monthly for secondary legal aid, 10% of the funds are provided for issuing orders in urgent cases. Urgentcases are taken to be applications for approval of legal aid in proceedings where the party would lose a right with the expiry of thedeadline by which he/she could realize the right to legal aid.

(9)Unused funds for urgent cases in the previous month are transferred into the regular funds for legal aid in the current month.(10) Associations and law clinics must submit a report at the latest by 15thJanuary each year on the funds approved for the project offering

legal aid, along with which they must enclose the prescribed documents on expenditure of funds.(11) Funds approved from the State Budget for provision of legal aid that are not spent shall be returned to the State Budget.Article 55

(1)Attorneys shall return the completed orders to the office after legal aid has been provided.(2)Orders that are returned to the office shall be handed in together with the original bills for the costs incurred.(3)If the orders are not returned within 15 days of completion of the final legal action for which the order was issued, it shall be considered

that legal aid was not given.

(4)If the fee for legal aid is set for a specific type of proceedings and the proceedings last more than one calendar year, at the end of eachcalendar year one quarter of the prescribed amount of the fee may be collected. The attorney shall send the calculated order to the office,

which shall send him/her a new order within 15 days for the remaining part of the proceedings.(5)Funds that have been approved for legal aid but are not spent shall be returned to the State Budget.

Article 56

On the basis of the bills from expenditure on legal actions undertaken, the office shall authorise the total cost of legal aid according to the order

issued.

Article 57

(1)Authorized associations are obliged to send the office a quarterly report with a list of orders handed in and a report on legal aid provided.On the basis of the report, the office shall close the orders and report on this to the Ministry of Justice.

(2)Institutions of higher educations shall submit only an annual report of the work of their law clinics on legal aid provided on the basis ofprojects, along with which they shall enclose the orders by which the legal aid was provided, and a list of orders for which legal aid was

pending on 31stDecember of the year for which the report is written.


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(3)As part of the funds allocated to the authorized association or institution of higher education for the work of a law clinic on the basis of aproject, the authorized association and law clinic shall provide legal aid on the basis of orders by which the beneficiaries have beenapproved the use of legal aid, and the type and scope of legal aid established.

(4)Authorized associations and institutions of higher education shall not calculate the value of orders for the work of law clinics, but theorders serve as a financial document which is enclosed with the report on the implementation of the project.

(5)In a case where legal aid is realized pursuant to the provisions of Article 15, paragraph 2, the authorized provider of primary legal aidshall write and send in a special report on the provision of legal aid containing the information and certificate pursuant to Article 16,

paragraphs 4 and 5.

(6)The minister responsible for judicial affairs shall adopt regulations to define the form of the special report from paragraph 5 of thisArticle.

Article 58

(1)Funds for provision of legal aid are allocated to authorized associations and institutions of higher education for the work of law clinics onthe basis of projects.

(2)A project must contain documented data on the number of cases of legal aid provided in the previous year, if the association providedlegal aid in that year, with details about the legal areas and types of proceedings for which legal aid will be offered, details about the areasin which they will work, stating the unit of local and regional self-government in which the association intends to provide legal aid, and

information on the number of qualified personnel who will offer legal assistance and where they are located within the area covered by

the work.

(3)An advertisement requesting project applications shall be published by the minister responsible for justice affairs by the end of January ofthe current year, within the framework of the funds allocated for that purpose from the State Budget.

(4)More precise criteria for evaluation of projects and the content of the documentation enclosed with the project shall be prescribed by theminister responsible for justice affairs in a Book of Rules.

Article 59

The authorized associations and law clinics must file a report on the funds approved for their projects to provide legal aid by 15 thJanuary eachyear, with which the orders and accompanying documentation must be enclosed as prescribed by this Act for the calculation of orders.

Article 60


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(1)The amount of payment for the provision of primary and secondary legal aid is established for each form of legal aid from Article 4,paragraphs 2 and 3 of this Act and is applied in the same manner for all providers of legal aid.

(2)The value of the amount paid is set by a Decree by the Government of the Republic of Croatia at the proposal of the ministry responsiblefor justice affairs, within the framework of funds allocated from the State Budget.

(3)The Decree from paragraph 2 of this Article shall be adopted no more than one month after the Act on the Execution of the State Budgetcomes into force for each calendar year.

IX. SUPERVISION

1. Administrative Supervision

Article 61

(1)Administrative supervision of the implementation of this Act shall be carried out by the ministry responsible for justice affairs.(2)In the implementation of administrative supervision, the ministry responsible for justice affairs shall in particular supervise the work of

the competent office in giving approval for legal aid.

2. Professional supervision

Article 62

(1)Supervision of the conscientious and professional provision of legal aid is performed ex officioby the body before which the proceedingsare being conducted for which the party is exercising the right to legal aid.

(2)Notwithstanding paragraph 1 of this Article, supervision of the work of associations is also performed directly by the ministry responsiblefor justice affairs, which shall carry out an inspection at least once in two years of the provision of legal aid by the association.

(3)When the body before which the proceedings are being conducted establishes that legal aid has been provided negligently orunprofessionally, it shall make a note of this in the file and point this fact out to the provider of legal aid, the beneficiary of legal aid, thebody which issued the order and the ministry responsible for justice affairs.

Article 63


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(1)A beneficiary of legal aid, who has been warned of the negligent or unprofessional provision of legal aid, has the right to withdraw theorder and chose another provider of legal aid. The provider of legal aid has the right to calculate the costs up until the moment the orderwas withdrawn, except for the legal actions immediately preceding the withdrawal of the order.

(2)The beneficiary of legal aid is obliged to inform the office about the change of provider of legal aid, or, if he/she is to relinquish the rightto legal aid, to return the order according to the provisions of this Act.

Article 64

(1)If the legal aid was provided by an attorney, the ministry responsible for justice affairs shall inform the Croatian Bar Association of theunprofessional or negligent provision of legal aid.

(2)If the legal aid was provided by an authorized association, the ministry responsible for justice affairs shall re-examine the authority forproviding legal aid and enter a note of this in the register. In cases of negligent or unprofessional provision of legal aid by an association,

a decision shall be rendered to prohibit it from providing legal aid and delete it from the register of associations providing legal aid.

(3)If the legal aid was provided by a law clinic, the ministry responsible for justice affairs shall inform the institution of higher educationoffering university studies in law of the negligent and unprofessional provision of legal aid.

X. THE IMPLEMENTATION OF THE ACT

1. Monitoring implementation of the Act and reporting

Article 65

The implementation of this Act shall be monitored by the ministry responsible for justice affairs.

Article 66

Providers of legal aid are obliged to submit a report to the office once a year, at the latest by the 15th

January, on the number and type of cases forwhich legal aid was provided in the previous year, the length of individual proceedings and the number of cases pending.

Article 67


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The offices are obliged, at the latest by 31stJanuary each year, to send the ministry responsible for justice affairs the following:

- A report on the number of cases in which approval of legal aid was requested;- The number of applications approved;- Orders issued and the funds calculated and paid for legal aid in the area of their territorial jurisdiction for the previous year;

Article 68

The ministry responsible for justice affairs shall submit a report each year, by 1stMarch at the latest, to the Government of the Republic of

Croatia on the exercise of the right to legal aid and the funds spent in the previous year.

Article 69

The Government of the Republic of Croatia shall each year, at the latest by 30th

March, present the Croatian Parliament with a report on the

exercise of the right to legal aid.

2. The Legal Aid Commission

Article 70

In order to monitor the legal aid system, a Legal Aid Commission is to be founded (hereinafter: the Commission), as an advisory body of the

ministry responsible for justice affairs.

Article 71

The Commission shall monitor and analyse the status of approval and use of legal aid, pursuant to the provisions of this Act, consider proposalsfor the annual report by the ministry responsible for justice affairs, give an opinion on projects and make proposals to the minister responsible forjustice affairs and opinions aimed at improving the legal aid system.

Article 72


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(1)The Commission shall have seven members, consisting of: one representative each from the ministry responsible for justice affairs, theministry of finance, the central body of state administration responsible for the state administrative system, and one representative each

from the law faculties in Zagreb, Osijek, Rijeka and Split, the Croatian Bar Association, authorized associations, and unions registered in

the register of providers of legal aid.

(2)The decision to appoint members of the Commission shall be rendered by the minister responsible for justice affairs, at the proposal ofthe bodies and legal entities from paragraph 1 of this Article.

(3)The Commission shall be appointed for a term of two years. The Commission may begin its work when all the members have beenappointed.

(4)The Commission shall be chaired by the member of the Commission appointed as a representative of the ministry responsible for justiceaffairs.

(5)The professional tasks to prepare the work of the Commission shall be performed by the ministry responsible for justice affairs.Article 73

The minister responsible for justice affairs shall invite the bodies and legal entities from Article 72, paragraph 1 to propose members of the

Commission no later than 12 months from the day this Act comes into force.

XI. TRANSITIONAL AND CONCLUDING PROVISIONS

Article 74

(1) The Government of the Republic of Croatia, within three months of the day this Act comes into force, shall align accordingly the internalorganization of the ministry responsible for justice affairs and the offices.

(2) The City of Zagreb shall align the organization of the city offices with the provisions of this Act within three months of the day this Actcomes into force.

Article 75

The minister responsible for justice affairs shall adopt the implementation regulations within three months of the day this Act comes into force.


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Article 76

The Government of the Republic of Croatia shall adopt the Decree from Article 60, paragraph 2 of this Act, by 31stDecember 2008.

Article 77

This Act shall come into force on the eight day after the publication in the Official Gazette (Narodne novine), apart from the provisions of

Articles 15 and 16, which will come into force on 1stFebruary 2009, and the provisions of Articles 45 to 52 which will come into force on

the day the Republic of Croatia becomes a member of the European Union.

Class: 701-01/08-01/01

Zagreb, 16 May 2008.

CROATIAN PARLIAMENT

The President of the Croatian ParliamentLuka Bebi, m.p.

act on free legal aid-31

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