Law on Legal Assistance Guaranteed by the State

Official Bulletin no. 241, dated 9 January 2018

The Parliament of the Republic of Albania, on 14.12.2017, approved the law no. 111/2017 “On state-guaranteed legal aid”, which aims to establish a system for the organization and provision of free legal aid to ensure equal access for all individuals to the justice system; to ensure well-organized, well-managed and wellfunctioning state institutions responsible for administering legal aid; ensure the provision of legal aid services professionally, qualitatively, efficiently and effectively. In order to protect the fundamental rights of the individual and his legitimate interests, this law sets out the principles, forms, conditions, procedures and rules for the organization and administration of legal aid guaranteed by the state. The institutions responsible for the administration and functioning of the legal aid system, under Article 6, are the Minister of Justice, the Free Legal Aid Department, the National Chamber of Advocates and the competent courts, according to the provisions of this law. In addition, the law defines entities eligible to receive free legal aid in the form of primary legal aid, secondary legal aid or exclusion from the payment of court fees and court expenses, according to the law, as well as the exemption from the obligation to prepay the installment fee in execution of the execution order. Concretely, primary legal aid is provided by specially trained employees employed in primary legal aid service centers, by non-profit organizations, as well as by legal clinics established at higher education institutions, while secondary legal aid is provided by lawyers which are included in the list approved by the National Chamber of Advocacy. Finally, the law sets out the terms within which the Free Legal Aid Department and the Primary Legal Aid Service Centers should be established. This Law shall enter into force on 1 June 2018.