Naslov
Intentional Killing of Efficiency by Overzealousness in the Pursuit for Truth: Fulfilling Conditions for Legal Aid Under New Legal Aid Act

Autori
Aras, Slađana ; Preložnjak, Barbara

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, pp prezentacija, znanstveni

Skup
Public and Private Justice: Dispute Resolution in Modern Societies - "Truth and Efficiency in Civil Proceedings"

Mjesto i datum
Dubrovnik, Hrvatska, 23.05.2011. - 27.05.2011

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
legal aid; conditions; efficiency

Sažetak
Establishing and maintaining effective systems of protection and realization of the subjective rights of citizens is the task of modern legislations. Since the protection of subjective rights in democratic societies is entrusted to the judiciary institutions, the question of the effective exercise of access to these institutions and the protection of the rights of citizens in proceedings before them is especially important when the economic and socially vulnerable groups of citizens are faced with excessive procedural costs. In order to preserve citizens' rights to access to justice, as one of the fundamental human rights of which depends on the availability of legal aid to all citizens irrespective of their social and / or economic status, governments are establishing a system of free legal aid as a mechanism for effective realization of the subjective rights of citizens. The normative activity regarding establishing the legal framework of free legal aid in Croatian legislation was first initiated through constitutional guarantee of the right to free legal assistance, achieved through provisions of criminal and civil procedural law. Finally, it was implemented through the Law on Free Legal Aid, based on the influence of legislative achievements in modern European countries. Entitlement to free legal aid in the Republic of Croatia is primarily dependant on the criterion of property, upon which a potential user of the right to free legal aid can achieve the aid regarding the condition that he could not bear the costs of the proceedings without existentially endangering himself or his family members. Stipulating the fulfilment of above mentioned property census is tied to the administrative procedure for issuance of order, which in addition to complexity of the prescribed conditions for satisfying the property census is a serious obstacle in achieving timely and effective legal assistance. In effort to eliminate barriers to achieve timely and effective legal aid, and thus achieve the effective protection of subjective rights in general, the authors evaluate the current setting of the Croatian system, and give some projections de lege ferenda.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA