national legal aid bureau

NATIONAL LEGAL AID BUREAU

NATIONAL LEGAL AID BUREAUNATIONAL LEGAL AID BUREAU 22

The Legal Aid Act was promulgated in the “State The Legal Aid Act was promulgated in the “State Gazette”, issue No. 79/4.10.2005, coming into force Gazette”, issue No. 79/4.10.2005, coming into force on 1 Jan. 2006 on 1 Jan. 2006

13 Jan. 2006: Appointment of the first chairperson 13 Jan. 2006: Appointment of the first chairperson and of the deputy chairperson of the National Legal and of the deputy chairperson of the National Legal Aid Bureau (NLAB), and election of the three NLAB Aid Bureau (NLAB), and election of the three NLAB members from within the Supreme Bar Council, i.e., members from within the Supreme Bar Council, i.e., the practical start of its activitythe practical start of its activity

30 March 2006: Approval of the National Register of 30 March 2006: Approval of the National Register of Legal AidLegal Aid

How did it all startHow did it all start??


What does the National Legal Aid What does the National Legal Aid Bureau do?Bureau do?

Securing equal access to justice for the citizens by Securing equal access to justice for the citizens by means of:means of:– provision of free legal aidprovision of free legal aid– provision of mandatory legal aid as required by lawprovision of mandatory legal aid as required by law

Analyzing the information and undertaking the required Analyzing the information and undertaking the required action for the planning and management of the legal aid action for the planning and management of the legal aid systemsystem

Exercising control related to the provision of legal aidExercising control related to the provision of legal aidOrganizing the setting of the fees and the payment for Organizing the setting of the fees and the payment for

the legal aid providedthe legal aid provided


LEGAL AID made available by virtue of a decision of the Chairperson of the National Legal Aid Bureau:

consultation in view of achieving an agreement before the initiation of court proceedings or in respect of the institution of proceedings; preparation of the documents for the filing of a case;

LEGAL AID made available by the authority in charge of the procedural activities (judges, prosecutors, examining magistrates and investigators)

procedural representation; representation in case of detention in custody under Art. 63, para. 1 of the Act on the Ministry of Interior

The Legal Aid Act – legal aid types and delivery system


Directions for the development of the National Legal Aid Bureau and of the legal

aid system in the Republic of Bulgaria

JUDICIARY REFORM STRATEGYJUDICIARY REFORM STRATEGY FOR THE PERIODFOR THE PERIOD 2008-2013 2008-2013IN THE IN THE ““EQUAL ACCESS TO EQUAL ACCESS TO

JUSTICEJUSTICE" " SECTORSECTOR


We formulated the strategy after askingWe formulated the strategy after asking ordinary ordinary peoplepeople::

1. “1. “What do you know about the National Legal Aid What do you know about the National Legal Aid BureauBureau?”?”

Citizens interviewed inCitizens interviewed in::Judiciary institutionsJudiciary institutionsSocial assistance directoratesSocial assistance directoratesInstitutions for the elderlyInstitutions for the elderlyPensioners’ clubsPensioners’ clubsHealthcare facilitiesHealthcare facilitiesRandom respondentsRandom respondents


ResultResult::

Inadequate Inadequate awareness awareness

of the publicof the public


2. “2. “In the view of the users, is In the view of the users, is legal aid efficientlegal aid efficient?”?”

Citizens interviewed atCitizens interviewed at::

Detention facilitiesDetention facilitiesProbationary officesProbationary offices


Result:Result:

62% 62% are satisfied by the are satisfied by the legal aid providedlegal aid provided


Main objective andMain objective and leading leading

guidelines of the guidelines of the strategystrategy Main objectiveMain objective

– Improvement of the organization of the system for the provision Improvement of the organization of the system for the provision of legal aidof legal aid

– Clarification of the legal frameworkClarification of the legal framework

Leading guidelines Leading guidelines – Equal access of the people to justice by means of securing and Equal access of the people to justice by means of securing and

providing efficient legal aid providing efficient legal aid – Public character and transparency of the process of legal aid Public character and transparency of the process of legal aid

provisionprovision– European practices in the field of legal aidEuropean practices in the field of legal aid


Popularizing the legal aid Popularizing the legal aid systemsystem

Production and distribution ofProduction and distribution of::– Information materialsInformation materials– Public display boards describing the types of Public display boards describing the types of

legal aidlegal aid– Handbooks/manuals for the citizensHandbooks/manuals for the citizens

The mass media and InternetThe mass media and InternetHot telephone lineHot telephone lineInternational information exchangeInternational information exchange


Guaranteeing the efficient Guaranteeing the efficient functioning of the legal aid functioning of the legal aid

systemsystem Guaranteeing the right of the users of legal aid to select on Guaranteeing the right of the users of legal aid to select on

their own an attorney from the National Register of Legal their own an attorney from the National Register of Legal AidAid

Strengthening the control during the selection of attorneys Strengthening the control during the selection of attorneys in accordance with the type and the complexity of the in accordance with the type and the complexity of the procedureprocedure

Creation of aCreation of a WORKINGWORKING mechanism to guarantee the mechanism to guarantee the participation of the appointed attorney at all stages of the participation of the appointed attorney at all stages of the procedureprocedure

Improvement of the mechanism for the selection ofImprovement of the mechanism for the selection of attorneys on dutyattorneys on duty


GuaranteeingGuaranteeing FREE FREE LEGAL AIDLEGAL AID

Expansion of the coverage of free legal aidExpansion of the coverage of free legal aidFacilitation of the procedure for legal aidFacilitation of the procedure for legal aid provision provision Unification of the criteria for the provision of Unification of the criteria for the provision of legal aid legal aid


General and methodological General and methodological guidance of the activities related to guidance of the activities related to

the provision of legal aidthe provision of legal aidStandardization of the practical application of the Legal Aid Standardization of the practical application of the Legal Aid Act;Act;

Refinement of the General Procedural Rules approved for the Refinement of the General Procedural Rules approved for the reporting, control, assessment and verification of the legal aid reporting, control, assessment and verification of the legal aid provided; provided;

Formulation of recommendations and guidelines addressed to Formulation of recommendations and guidelines addressed to all participants involved in the process of the provision of legal all participants involved in the process of the provision of legal aid aimed at the improvement and the refinement of the aid aimed at the improvement and the refinement of the system;system;

Developing guidelines for the provision of legal aid related to Developing guidelines for the provision of legal aid related to international disputes and submission of the guidelines to the international disputes and submission of the guidelines to the Ministry of foreign affairs – the Diplomatic InstituteMinistry of foreign affairs – the Diplomatic Institute


Guarantees and control over Guarantees and control over the quality of the legal aid the quality of the legal aid

providedprovidedUniform standards for control and assessment of the Uniform standards for control and assessment of the

legal aid provided legal aid provided Developing a mechanism for joint inspections and control Developing a mechanism for joint inspections and control

of the attorneys inscribed in the National Register of of the attorneys inscribed in the National Register of Legal AidLegal Aid

Surveying the users of legal aid Surveying the users of legal aid Improvement of the mechanism for accountability and Improvement of the mechanism for accountability and

responsibility in case of unconscientiously or responsibility in case of unconscientiously or incompetently provided legal aidincompetently provided legal aid


TrainingTraining::Periodical training of the attorneys inscribed in the National Periodical training of the attorneys inscribed in the National

Register of Legal Aid;Register of Legal Aid;Training of junior attorneys at the School of AttorneysTraining of junior attorneys at the School of Attorneys;;Training of magistrates at the National Institute of JusticeTraining of magistrates at the National Institute of Justice;;Training of employees of the Ministry of InteriorTraining of employees of the Ministry of Interior;;Training of employees of the consular services on the Training of employees of the consular services on the

opportunities, conditions and procedures for the provision of opportunities, conditions and procedures for the provision of legal aid in case of international disputes;legal aid in case of international disputes;

Periodical working meetings with representatives of the Periodical working meetings with representatives of the judiciary system, of thejudiciary system, of the pre-trial stage and with attorneyspre-trial stage and with attorneys;;

Improving the qualification of Improving the qualification of NLABNLAB employees employees


ComputerizationComputerization of the of the legal aid systemlegal aid system

Introduction of software products in the legal aid Introduction of software products in the legal aid systemsystem

Creation of a unified information system forCreation of a unified information system for legal legal aid at the national levelaid at the national level


Budgeting and Budgeting and supportsupport

Bringing the budget of the legal aid Bringing the budget of the legal aid system in line with the needssystem in line with the needs:: Payment of the attorneys’ feesPayment of the attorneys’ fees Strengthening the administrative capacity of Strengthening the administrative capacity of

the Bureauthe Bureau Current support of the BureauCurrent support of the Bureau

Refinancing of theRefinancing of the NLAB NLAB budget budget


Refining the regulatory Refining the regulatory framework of legal aidframework of legal aid

Amendments and additions to the Legal Amendments and additions to the Legal Aid Act:Aid Act:– Expanding the coverage of legal aidExpanding the coverage of legal aid– Standardization of the conditions for getting legal aidStandardization of the conditions for getting legal aid– Regulation of the payment of all expenses of an Regulation of the payment of all expenses of an

attorney, which are immediately linked to the provision attorney, which are immediately linked to the provision of legal aidof legal aid


Amendments and Amendments and Additions to the Ordinance Additions to the Ordinance on Payment for Legal Aidon Payment for Legal Aid

Regulation of the cases of legal aid Regulation of the cases of legal aid provision left unsettledprovision left unsettled

Clarifying separate texts of the OrdinanceClarifying separate texts of the OrdinanceChanging the amount of the attorneys’Changing the amount of the attorneys’

feesfees


Amendments to Amendments to other legislationother legislation

Civil Procedure CodeCivil Procedure Code Penal Procedure CodePenal Procedure CodeTaxation and Social Security Procedure Taxation and Social Security Procedure

CodeCode


www.nbpp.government.bgwww.nbpp.government.bg

[email protected] [email protected]

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