Improvement of Free Legal Aid System

Transcription

1 Republic of Croatia Ministry of Justice Programme: IPA 2009 Partner country: Croatia Area of Cooperation: Justice, freedom and security IPA TWINNING LIGHT PROJECT FICHE Improvement of Free Legal Aid System Project budget: ,00

2 STANDARD TWINNING LIGHT PROJECT FICHE 1. Basic Information 1.1 Programme: IPA 2009 (Facility for Project Preparation and Reinforcement of Administrative Capacity FPP RAC) 1.2 Twinning Number: HR/2009/IB/JH/03TL 1.3 Title: Improvement of Free Legal Aid System 1.4 Sector: Justice, freedom and security 1.5 Beneficiary country: Croatia 2. Objectives 2.1 Overall Objective(s): To improve efficiency and professionalism in the judiciary with regards to a broader access to justice. 2.2 Project purpose: To support the Ministry of Justice in establishing more efficient system of free legal aid. 2.3 Contribution to Accession Partnership/ Stabilisation and Association Agreement / Program of the Government of the Republic of Croatia for assumption and implementation of the acquis communautaire Accession Partnership On 12 February 2008, the Council adopted Decision on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC and the Annex Croatia 2007 Accession Partnership, which in the section named Priorities, under the Political Criteria (Human rights and protection of minorities) contains following key priority: Ensure access to justice and legal aid and make available the corresponding budgetary resources. The major contribution of this Twinning light project to nominated key priorities will lead to improvement of the free legal aid system and therefore provide wider access to justice to all social groups. Stabilization and Association Agreement The Stabilization and Association Agreement (SAA) concluded between the Government of the Republic of Croatia and the European Communities stipulates that the signatory parties should co-operate in the promotion of the rule of law and that special attention should be given to independence of judiciary, improvement of its efficiency and education of judiciary personnel (see The SAA entered into force in February 2005, and a first Stabilization and Association Committee meeting was held on July 14, 2005 covering among other areas progress made in the field of judiciary. Article 75 REINFORCEMENT OF INSTITUTIONS AND RULE OF LAW of the SAA provides: In their cooperation in justice and home affairs the Parties will attach particular importance to the consolidation of the rule of law and the reinforcement of institutions at all 2

3 levels in the areas of administration in general, and law enforcement and the machinery of justice in particular. Cooperation in the field of justice will focus in particular on the independence of the judiciary, the improvement of its effectiveness and the training of the legal professions. This project will contribute to the part of the Article 75 of the SAA relating to the improvement of judiciary effectiveness through the improvement of free legal aid system. Croatia 2010 Progress Report Croatia 2010 Progress Report (Commission Staff Working Document) from 9th November 2010 contains the following: The Law on legal aid has been implemented with mixed results. Measures have been taken to simplify the procedure and to increase the fees for lawyers to take on legal aid cases. However, procedures remain complicated and the overall level of aid provided is low. ( ) Many Roma still face the problem of unresolved status (residence and citizenship) which creates difficulties when it comes to provision of services, notably access to education, health care and free legal aid. This project aims at improvement of the implementation of free legal aid with regards to the establishment of more efficient, effective and economical organizational structure and working process so the system would be more understandable and accessible to citizens. Programme of the Government of the Republic of Croatia for assumption and implementation of the acquis communautaire National Programme for Integration of the Republic of Croatia into the EU (NPIEU) 2009 was replaced with Programme of the Government of the Republic of Croatia for assumption and implementation of the acquis communautaire 1 published in January 2010 which, among other, provides the following information: In the first quarter of 2010 it was planned to organize the Round Table on free legal aid to mark the year of application of law on free legal aid. Session of the Commission for legal aid was scheduled for the first quarter of 2010 as well as mandatory submission of the annual Ministry of Justice report to the Government of the Republic of Croatia on the exercise of the right to legal aid and funds spent in the previous year. In the second quarter of 2010 a three-day consultation was scheduled with civil servants dealing with the approval of free legal aid as well as consultation with the judges of the municipal courts. Most of the planed activities were carried out. The Round table on free legal aid was held on 23 October Session of the Commissions for legal aid was held in March In May 2010 the annual Ministry of Justice report on the exercise of the right to legal aid and funds spent in the previous year was submitted to the Government of the Republic of Croatia. Regarding consultation with civil servants dealing with the approval of free legal aid, it has resulted in the fact that the training on free legal aid was put in the educational program of civil servants and it is being organized every three months in the Ministry of Public Administration. As judges are concerned, consultation has been already done with county courts judges and by the end of the first quarter of 2011 it is planned to be carried out also with judges from municipal courts. 3. Description 3.1 Background and justification: Legislative Framework Prior to the Adoption of the Free Legal Aid Act Until the adoption of the Free Legal Aid Act, the free legal aid was regulated by: 1 ia_for_assumption_and_implementation_of_the_acquis_communautaire.pdf 3

4 Criminal Procedure Act ex officio appointment of defense attorneys in specific cases; Civil Procedure Act exemption from the payment of legal costs and fees; appointment of an attorney if it is necessary for the protection of party s rights; Legal Costs Act exemption from the payment of legal costs and fees for specific categories of citizens; Conflict of Laws Act exemption from the payment of legal costs and fees for aliens on the principle of reciprocity; Asylum Act regulates legal aid for asylum seekers and asylums; Law on the Legal Profession regulates free legal aid for specific categories of citizens. Legislative Framework after the Adoption of the Free Legal Aid Act The Free Legal Aid Act (Official Gazette 62/08) entered into force on June 7 th, 2008, except for the part relating to the provision of free legal aid to citizens which entered into force on February 1 st, In order to implement the Free Legal Aid Act, the following subordinate regulations were adopted: Regulation on the Tariff for Determining the Value of the Amount of Compensation for Providing Primary and Secondary Legal Aid Ordinance Establishing the Management of the Register of Associations Authorized to Provide Free Legal Aid Ordinance Establishing the Application Form for the Approval of Free Legal Aid, the Order Form and the Record of the Orders Issued Ordinance Establishing the Project Valuation Criteria of Associations Authorized for the Provision of Free Legal Aid and Legal Clinics and On the Project Reporting With the adoption of the Free Legal Aid Act the Ministry of Justice has begun realization of an extensive and challenging task of the establishment of the free legal aid system. Although certain forms of legal aid existed even before the adoption of the new Free Legal Aid Act, these solutions were only partial and not completely satisfying the citizens requirements. Upon the entry into force of the Free Legal Aid Act (Official Gazette 62/08) on February 1 st, 2009, a comprehensive free legal aid system, targeted to aid low-income persons with the resolution of their existential problems, has been established in the Republic of Croatia. The Free Legal Aid Act and its bylaws establish the system that enables the lowincome citizens to engage an attorney, obtain legal aid for specific legal actions and have an equal access to court and administrative proceedings. Thus is created a comprehensive legal aid system which does not discriminate on the basis of the individuals financial status. An improved preparation for the proceedings and a competent representation of parties enable a more effective performance of courts and other bodies which decide on the citizens rights and obligations. Moreover, rendering information and legal counselling in the pre-proceedings stage in a timely manner will reduce the number of cases initiated due to parties ignorance of its rights, obligations and unawareness of the probability of success in a specific legal case. The new free legal aid system has established a comprehensive supervision of the quality of the rendered legal aid services and has foreseen sanctioning measures for the possible legal malpractice. 4

5 The provisions of the Free Legal Aid Act prescribe that the legal aid will be approved in all proceedings before courts, administrative bodies and other legal entities vested with public authority, if they are adjudicating on the beneficiary s existential issues. The Act differentiates primary and secondary legal aid. Primary legal aid includes legal advice, legal aid in drafting documents before administrative bodies and legal persons vested with public authorities, representation in administrative matters, legal aid provided in peaceful out-of-court settlement of disputes, representation before the European Court of Human Rights and international organizations. Secondary legal aid includes representation before the court, legal aid provided for peaceful resolution of the dispute before the court and legal aid in drafting documents in court proceedings. According to the Free Legal Aid Act, the beneficiaries of the legal aid are persons unable to bear the costs of legal services without risking their own livelihood. Attorneys, associations (nongovernmental organizations - NGOs), trade unions and law faculties are providers of the free legal aid and each can render specific legal aid services to the extent defined in the Free Legal Aid Act. The practice of the free legal aid system exists in a similar form in the majority of the EU member States. Ordinance on internal organization of the county administration (OG, 21/02, 78/03, 131/06, 91/07 and 70/08) regulates the internal organization of State Administration Offices, name of internal units, scope of work and number of civil servants needed to carry out a particular jurisdiction. Aside from their common tasks described in mentioned regulations, tasks related to free legal aid have been added to their job description. In this way, when establishing the system of free legal aid, existing administrative capacity was utilized and thereby costs associated with the establishment of free legal aid were significantly reduced. Thus, State Administration Offices are not separate entities established solely for the purpose of deciding on the demands of citizens for approving the use of the free legal aid, but perform other administrative and professional jobs prescribed in their job description. There are 20 state administration offices with 13 branch offices together with the Office of the General Administration of the City of Zagreb. Since they are deciding on the requirements of citizens in the first instance their employees need to increase their professional competence which will enable them to provide accurate and timely information and thereby overcome wrong perception of the system (in terms of its effectiveness, accessibility to citizens, restrictions, etc.). Since the system established often faces difficulties in every-day implementation of free legal aid, this twinning light project will contribute to the improvement of the system by detecting limitations and deficiencies in procedures and try to eliminate them through better skilled personnel providing free legal aid to citizens. 5

6 FREE LEGAL AID REQUESTS (23 November November 2010) In period mentioned, there was 4130 requests for free legal aid submitted; of those 3121 requests were accepted, 587 denied, 117 rejected, 153 of them suspended, while 152 were still in the process of approval. 14% 3% 4% 4% Accepted appplications Denied applications 75% Rejected applications Suspended applications In process of approval 3.2 Linked activities (other international and national initiatives): CARDS 2004 Support to More Efficient, Effective and Modern Operation and Functioning of the Administrative Court of the Republic of Croatia The value of the Twinning contract (no. HR/2004/IB/JH/09) was EUR and of the framework contract EUR. The duration of the project was 18 months - from September 2007 till March Twinning partner was the Republic of Germany together with the Republic of Austria. Mandatory results achieved were: better functioning of the Administrative Court through improving implementation of administrative legislation and enforcement of Administrative Court s decisions by concerned administrative bodies; draft of the new Law on Administrative Disputes; strengthened capacity of the Administrative Court and improved court and case management (computerised and manual) system. PHARE 2005 Support to the Judicial Academy of Croatia: Developing a Training System for Future Judges and Prosecutors started in February 2008, was finished in November The value of the Technical assistance was EUR. The duration of the project was 21 month. Main mandatory results achieved were development of a training system and selection of future judges and prosecutors. PHARE 2006 Harmonisation and Publication of Case Law started in November 2008 and was finished on 30 November The value of this project was 1,75 MEUR. Main goal of this project, the increase of the accessibility and dissemination of national case law from the 50 pre-selected courts (including county, municipal and commercial courts) for all interested parties (on national and international level) was achieved as were all mandatory results. This project has combined Technical assistance and supply component. 6

7 PHARE 2006 Support to Court Administration and Case Management Improvement (started in November 2008, ended on 30 November 2010) The value of this technical assistance project was 3 million EUR. The aim of this project was roll-out of Integrated Court Management System (ICMS) to Croatian courts. All mandatory results were achieved. ICMS has brought in the transparency in the work of courts by way of automatic assignments of cases to judges and monitoring of their work which will help reduce the possibility of corruption. It has also provided a better and quicker access to relevant information. IPA 2009 Professional development of judicial advisors and future judges and state attorneys through establishment of self sustainable training system This project consists of two components: twinning and supply component. Project duration is 24 months; planned start of the project is The purpose is to develop a dual selfsustainable training system both for judicial advisors (judiciary servants) and candidates for future judges and state attorneys (future judicial officials) including programme design, curricula development, training of trainers (further in the text: ToT) and carry out training courses, workshops, seminars, study visits. 3.3 Results: 1. Recommendation on legal framework for free legal aid prepared 2. Free Legal Aid Implementation System enhanced 3. Access to information on free legal aid improved 4. Capacity of all relevant stakeholders working within the free legal aid system (MoJ, County State Administration Offices, NGOs, judicial officials) strengthened in order to improve implementation of free legal aid 3.4 Activities: Activities related to Result Conducting analysis of the existing legal framework that regulates the system of free legal aid 1.2. Preparing recommendation for improvement of legal framework for free legal aid 1.3. Drafting amendments to the Free Legal Aid Act Activities related to Result Conducting analysis to examine the shortcomings of the current system of free legal aid 2.2. Conducting analysis of the existing practices in the County State Administration Offices regarding working process (including personnel s skills, expertise and experience) 2.3. Conducting analysis of financial impacts of implementation of the Free Legal Aid Act in practice 2.4. Organizing one round table (for 30 persons) for judges and attorneys in order to discuss the impacts of Free Legal Aid Act and shortcomings of the system on all levels of implementation 7

8 2.5. Preparing the report based on conducted analyses and discussions performed in previous four activities with recommendation for improving free legal aid implementation and its submission to the Ministry of Justice 2.6. Organizing one conference (for 60 persons) with all relevant stakeholders (representatives of MoJ, County State Administration Offices, NGOs, Universities Law Faculties) with a purpose of exchanging experiences in implementation of free legal aid and discussion on how to improve cooperation of all parties involved 2.7. Drafting of the administrative supervision plan (with regards to provisions of Free Legal Aid Act) 2.8. Defining data flow between relevant stakeholders (Tax Administration, County State Administration Offices, Land registry and Ministry of Justice), especially related to checking the eligibility of the applicants for free legal aid and vouchers validity 2.9. Drafting guidelines in order to develop uniform practice for application of the legislation of Free Legal Aid by the County State Administration Offices Activities related to Result Conducting assessment of the current system of access to information on free legal aid from the end-user side and preparing report with recommendation 3.2. Conducting analysis of the current free legal aid web page 3.3. Preparing recommendation for better design of free legal aid web page (organization and preparation of information to be published, layout improvements) in order to provide better access to information 3.4. Preparing materials for leaflets and brochures with information for citizens about the Free Legal Aid system and providing suggestions for dissemination of prepared materials (i.e. defining target groups, number of needed materials, type of promotional campaign, etc.) Activities related to Result Organizing a Study visit to a Member State with similar free legal aid system to familiarize the employees of MoJ Department for Free Legal Aid and County State Administration Offices with EU best practice in free legal aid implementation (3 days, 10 persons) and preparing report on the findings of the study visit 4.2. Conducting training needs analysis for the employees of County State Administration Offices and Department for Free Legal Aid in the Ministry of Justice 4.3. Developing training program and training materials for persons engaged in work within Free Legal Aid system 4.4. Preparing and organizing 2 seminars for employees of County State Administration Offices and NGOs in Zagreb and Split (20 persons per seminar) with regard to improving their skills in implementation of free legal aid 4.5. Preparing and organizing 2 seminars for the Ministry of Justice employees and judicial officials (10 persons per seminar) based on the outcome of training needs analysis 8

9 Indicative schedule of activities: Date / Duration Activity Output Month 1 Activity 1.1. Analysis of the existing legal framework that regulates the system of free legal aid conducted Month 1 Activity 1.2. Recommendation for improvement of legal framework for free legal aid prepared Month 1 Activity 1.3. Amendments to the Free Legal Aid Act drafted Month 2 Activity 2.1. Analysis to examine the shortcomings of a current system of free legal aid conducted Month 2 Activity 2.2. Analysis of the existing practices in the County State Administration Offices regarding working process (including personnel s skills, expertise and experience) conducted Month 2 Activity 2.3. Analysis of financial impacts of implementation of the Free Legal Aid Act in practice conducted Input (working days) total of 10 working days - MS expert in total of 8 working days - MS expert in total of 8 days total of 10 working days total of 10 working days total of 5 working days Month 2 Activity 2.4. One round table (for 30 persons) for judges and attorneys organized in order to discuss the impacts of Free Legal Aid Act and shortcomings of the system on all levels of implementation total of 8 working days Month 3 Activity 2.5. Report based on conducted analyses and discussions performed in previous four activities with recommendation for improving free legal aid implementation prepared and submitted to the Ministry of Justice total of 8 working days 9

10 Date / Duration Activity Output Month 3 Activity 2.6. One conference (for 60 persons) with all relevant stakeholders (representatives of MoJ, County State offices, NGOs, Universities Law Faculties) organized with a purpose of exchanging experiences in implementation of free legal aid and discussion on how to improve cooperation of all parties involved Month 3 Activity 2.7. Administrative supervision plan (with regards to provisions of Free Legal Aid Act) drafted Month 3 Activity 2.8. Data flow between relevant stakeholders (Tax Administration, County State Administration Offices, Land registry and Ministry of Justice) especially related to checking the eligibility of the applicants for free legal aid and vouchers validity defined Month 4 Activity 2.9. Guidelines in order to develop uniform practice for application of the legislation of Free Legal Aid by the County State Administration Offices drafted Month 4 Activity 3.1. Current system of access to information on free legal aid from the end-user side assessed and report with recommendation prepared Month 4 Activity 3.2. Analysis of current free legal aid web page conducted Month 5 Activity 3.3. Recommendation for better design of free legal aid web page (organization and preparation of information to be published, layout improvements) in order to provide better access to information prepared Input (working days) total of 10 working days total of 8 working days total of 10 working days total of 10 working days total of 8 working days total of 5 working days total of 10 working days 10

11 Date / Duration Activity Output Month 5 Activity 3.4. Materials for leaflets and brochures with information for citizens about the Free Legal Aid system prepared and suggestions for dissemination of prepared materials provided Input (working days) total of 10 working days Month 5 Activity 4.1. Study visit to a Member State with similar free legal aid system to familiarize the employees of MoJ Department for Free Legal Aid and County State Administration Offices with EU best practice in free legal aid implementation (3 days, 10 persons) organized and report on the findings of the study visit prepared Month 6 Activity 4.2. Training needs analysis for the employees of County State Administration Offices and Department for Free Legal Aid in Ministry of Justice conducted Month 6 Activity 4.3. Training program and training materials for persons engaged in work within Free Legal Aid system developed Month 6 Activity 4.4. Two seminars for employees of County State Administration Offices and NGOs in Zagreb and Split (20 persons per seminar) organized with regard to improving their skills in implementation of free legal aid Month 6 Activity 4.5. Two seminars for Ministry of Justice employees and judicial officials (10 persons per seminar) based on the outcome of training needs analysis organized Total expert working days total of 10 working days total of 10 working days total of 10 working days total of 10 working days 178 working days Two visibility events will be organized in the course of the implementation of the project; Kick-off meeting at the start of the implementation and the Final meeting at the end of the implementation of the project activities. 11

12 3.5 Means/ Input from the MS Partner Administration: One of the experts may act as Project Leader responsible for general management and coordination Profile and tasks of the Project Leader Profile of the Project Leader Requirements: University level education or equivalent professional experience of 15 years in justice sector 7 years of professional experience in free legal aid system Experience in project management Working level of English language Computer literacy Proven contractual relation to public administration or mandate body, as defined under Twinning manual Assets: Experience with establishing the system of Free Legal Aid Tasks of the Project Leader: Ensuring backstopping and financial management of the project in the MS General overall coordination of the project Efficient leadership of MS experts Project reporting Participation in Steering Committee meetings Assuring compatibility with EU requirements Co-managing the implementation of the project with the BC Project Leader Achieving the mandatory results by undertaking all activities specified Organization of study visit Profile and tasks of the short-term experts Profile of the Short-term expert 1: Requirements: University level education or equivalent professional experience of 10 years in justice sector 5 years of professional experience in free legal aid system Experience in drafting legal documents Working level of English language Computer literacy Proven contractual relation to public administration or mandate body, as defined under Twinning manual Assets: Experience with establishing the system of Free Legal Aid Experience in drafting guidelines or developing procedures for implementation of free legal aid Tasks of the Short-term expert 1: Close cooperation with Croatian experts in order to achieve mandatory results Conducting analyses and preparing corresponding reports 12

13 Drafting amendments to the Free Legal Act Organizing round table discussion and conference Drafting of the administrative supervision plan Defining data flow between relevant stakeholders Drafting guidelines for County State Administration Offices Participating in designing improved free legal aid web page Participating in preparing leaflets and brochures Profile of the Short-term expert 2: Requirements: University level education or equivalent professional experience of 10 years in justice sector or public administration 5 years of experience in practical work related to the provision of free legal aid services Experience in organizing and conducting trainings Working level of English language Computer literacy Proven contractual relation to public administration or mandate body, as defined under Twinning manual Assets: Experience in providing trainings regarding free legal aid Experience in projects related to the cooperation with NGOs or work experience within NGOs Experience in designing web pages Tasks of the Short-term expert 2 Assessment of the current system of access to information on free legal aid Conducting analysis of the current free legal aid web page and preparing recommendation Preparing leaflets and brochures about free legal aid and proposal for their distribution Conducting training needs analysis and developing training program/training materials Organizing and conducting seminars Participation in other relevant project activities 4. Institutional Framework The main beneficiary of his project is the Ministry of Justice Free Legal Aid Department within the Directorate for European Union and International Cooperation. The Department currently has 4 employees, 3 additional employees are planned to be employed. The institutional framework of the free legal aid system includes State Administration Offices acting in the 1st instance and the Ministry of Justice Free Legal Aid Department acting upon appeals in the 2nd instance. There are 21 State Administration Offices and 13 branch offices throughout the state; each with 2 employees (a lawyer and a clerk). Involvement of other institutions as well as cooperation and communication between them is important for the overall functioning of the free legal aid system. 2 The results of the project will not lead to a change of the institutional framework as described; it will be aimed at improving the implementation of a free legal aid system already established. 2 For detailed information please refer to the point 3.1 Background and justification 13

14 Two Steering Committee meetings will be held for the purpose of reviewing the progress made under the project as well as to discuss results achieved and/or problems occurred. The first Steering Committee meeting will be held during the third month of project activities implementation in order to discuss and comment the draft start-up report. The second Steering Committee meeting will be organised during the last month of the implementation period of the Action to discuss the draft final report. It should be noted that the participation of the Member State Project Leader in Steering Committees meetings have to be combined with expert missions, in case the Member State Project Leader is also a short-term expert in the twinning light project. If the Member State Project Leader is not short-term expert in the twinning light project then his visits to Croatia, (one visit every three months) as part of his overall task to ensure coordination and political steering of the project, should be organised at the same time as the two Steering Committee meetings of the project. The exact participants of the Steering Committee meetings will be defined during the implementation of the project, but will at least include the following members: BC Project Leader MS Project Leader CFCA Project Manager EUD Task Manager CODEF Sector Manager The beneficiary is committed to provide all necessary infrastructure such as office space and desktop computers with internet connection for experts, venue for holding seminars and workshops, and to ensure the necessary local staff/experts inputs. 5. Budget Improvement of Free Legal Aid System IPA Community Contribution National Co-financing TOTAL Twinning Light Contract 90% 10% EUR Interpretation costs will be reimbursed from the budget only for the purpose of workshops and seminars, up to 7 % of the Contract amount can be used for translation and interpretation purposes. Provisions for visibility costs and expenditure verification costs should be included in the budget. 14

15 6. Implementation Arrangements 6.1 Implementing Agency responsible for tendering, contracting and accounting Central Finance and Contracting Agency (CFCA) Ulica grada Vukovara 284, objekt C Zagreb, Croatia Mrs. Marija Tufekčić, Director of the CFCA Phone: Fax: procurement@safu.hr Twinning Administrative Office Central Finance and Contracting Agency Ulica grada Vukovara 284, objekt C Zagreb, Croatia Contact: Mr. Domagoj Šimunović, Twinning NCP Phone: Fax: twinning@safu.hr 6.2 Main counterpart in the BC The BC Project leader and the Senior Programme Officer SPO is: Mr. Kristian Turkalj, Director Directorate for European Union and International Cooperation Ministry of Justice Dežmanov prolaz Zagreb, Croatia Telephone: +385 (0) Fax: +385 (0) kristijan.turkalj@pravosudje.hr The person responsible for the follow-up of the project is: Mrs. Jasna Butorac, Head of Department for Free Legal Aid Directorate for European Union and International Cooperation Ministry of Justice Dežmanov prolaz Zagreb, Croatia Telephone: +385 (0) Fax: +385 (0) jbutorac@pravosudje.hr 6.3 Contracts It is envisaged that the Project will be implemented through one Twinning Light Contract, with an indicative amount of EUR. 15

16 6.4 Reporting The Start-up Report will cover first two months of the contract and will be submitted during the third month. The Start-up report should: - Clearly define the aims and purpose of the aid provided by the project, - Give detailed description of the content of particular parts of the project, - Work out in detail the activities carried out and the results achieved, - Work out in detail all modifications agreed with the beneficiary institution, - Review difficulties met during the implementation of the project and measures that were undertaken for their removal, - Provide all findings obtained in the meanwhile and preliminary conclusions, and - Contain a general plan of activities for the implementation of the remained duration of the project. The Final Report shall be submitted within three months upon the completion of the project activities and in any case within the legal duration of the project, and it should contain the following: - Complete review of all activities carried out by MS experts during the implementation of the project, - Achieved progress concerning each activity, - Summary of all project results, with particular emphasis on mandatory results, - Estimation of the project impact compared with the project aims and measures of the achieved progress, - Identification of all important problems met during the implementation of the contract and solutions that have been applied, - Lessons drawn from the project, and - Recommendations for further steps in future projects The reports must be endorsed and countersigned by the beneficiary, who may make additional comments. Reports shall be submitted to the Ministry of Justice, the Central Finance and Contracting Agency, the Central Office for Development Strategy and Coordination of EU funds and the Delegation of the European Union in Croatia in a form of 4 hard copies and an electronic version. All reports should be written in English. 6.5 Language Working language of the project is English. 7. Implementation Schedule (indicative) 7.1 Launching of the call for proposals: 1Q Start of project activities: 2Q Project completion: 4Q Duration of the execution period: 9 months; the execution period will end 3 months after the implementation period of the Action (work plan) which will take 6 months. 16

17 8. Sustainability Trainings aimed at improving skills of employees of the Department for Legal Aid within the Ministry of Justice and State Administration Offices together with the recommendations for overcoming current shortcomings and deficiencies in the system will improve the implementation of free legal aid in practice. Documents produced through this twining light project will serve as a basis for future activities. Training needs analysis conducted and training programs developed both for the employees of Ministry of Justice and State Administration Offices will provide basis for future education and trainings of the personnel dealing with free legal aid and therefore ensure sustainability of the system. An improved preparation for the proceedings and a competent representation of parties will enable a more effective performance of courts and other bodies which decide on the citizens rights and obligations. Moreover, rendering information and legal counselling in the preproceedings stage in a timely manner will reduce the number of cases initiated due to parties ignorance of its rights, obligations and unawareness of the probability of success in a specific legal case. 9. Crosscutting issues Based on the fundamental principles of promoting equality and combating discrimination, participation in the project will be guaranteed on the basis of equal access regardless of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. 10. Conditionality and sequencing N/a ANNEXES TO PROJECT FICHE 1. Logical framework matrix in standard format 17

18 ANNEX 1. LOGICAL FRAMEWORK MATRIX IN STANDARD FORMAT IMPROVEMENT OF FREE LEGAL AID SYSTEM Ministry of Justice Programme name and number IPA 2009 Contracting period expires: 2 years following the date of conclusion of the Financing Agreement Overall objective Objectively Verifiable Indicators Sources of Verification To improve efficiency and professionalism in the judiciary with regards to a broader access to justice Broader legal aid for specific legal actions and an equal access to court and administrative proceedings No of backlog of cases reduced Disbursement period expires: 3 years following the end for contracting Total budget: IPA financing: 90% Publications and statistics of Ministry of Justice in cooperation with Supreme court as well as with other Government and non Government sources Project purpose Objectively Verifiable Indicators Sources of Verification Assumptions To support the Ministry of Justice in establishing more efficient system of free legal aid - Efficient system of free legal aid established - Recommendation on legal framework for free legal aid prepared - Access to information on free legal aid improved - Personnel dealing with free legal aid trained - Statistics of the Ministry of Justice - Project implementation and evaluation reports - Twinning project documentation National co-financing: 10% Successful continuation of the reform in the judiciary Adequate human resources Results Objectively Verifiable Indicators Sources of Verification Assumptions 1. Recommendation on legal framework for free legal aid prepared Analysis of the existing legal framework that regulates the system of Free Legal Aid conducted Recommendation for improvement of legal framework for free legal aid prepared Twinning project reports - Successful continuation of the reform in the judiciary - Commitment of the Ministry of Justice to the improvement of the free legal aid system 18

19 2. Free Legal Aid Implementation System enhanced Amendments to the Free Legal Aid Act drafted Analysis to examine the shortcomings of a current system of free legal aid conducted Analysis of the existing practices in the County State Administration Offices regarding working process (including personnel s skills, expertise and experience) conducted Analysis of financial impacts of implementation of the Free Legal Aid Act in practice conducted One round table (for 30 persons) for judges and attorneys organized in order to discuss the impacts of Free Legal Aid Act and shortcomings of the system on all levels of implementation Report based on conducted analyses and discussions performed in previous four activities with recommendation for improving free legal aid implementation prepared and submitted to the Ministry of Justice One conference (for 60 persons) with all relevant stakeholders (representatives of MoJ, County State offices, NGOs, Universities Law Faculties) organized with a purpose of exchanging experiences in implementation of free legal aid and discussion on how to improve cooperation of all parties involved Administrative supervision plan (with regards to provisions of Free Legal Aid Act) Twinning project reports Twinning project reports Twinning project reports List of participants on round table Twinning project reports List of participants on conference 19

20 drafted Data flow between relevant stakeholders (Tax Administration, County State Administration Offices, Land registry and Ministry of Justice) especially related to checking the eligibility of the applicants for free legal aid and vouchers validity defined Guidelines in order to develop uniform practice for application of the legislation of Free Legal Aid by the County State Administration Offices drafted Current system of access to information on free legal aid from the end-user side assessed and report with recommendation prepared Analysis of current free legal aid web page conducted Recommendation for better design of free legal aid web page (organization and preparation of information to be published, layout improvements) in order to provide better access to information prepared Materials for leaflets and brochures with information for citizens about the Free Legal Aid system prepared and suggestions for dissemination of prepared materials provided Study visit to a Member State with similar free legal aid system to familiarize the employees of MoJ Department for Free Legal Aid and County State Administration Offices with EU best practice in free legal Twinning project reports Twinning project reports Twinning project reports Twinning project reports 20

21 3. Access to information on free legal aid improved aid implementation (3 days, 10 persons) organized and report on the findings of the study visit prepared Training needs analysis for the employees of County State Administration Offices and Department for Free Legal Aid in Ministry of Justice conducted Training program and training materials for persons engaged in work within Free Legal Aid system developed Two seminars for employees of County State Administration Offices and NGOs in Zagreb and Split (20 persons per seminar) organized with regard to improving their skills in implementation of free legal aid Two seminars for Ministry of Justice employees and judicial officials (10 persons per seminar) based on the outcome of training needs analysis organized List of participants on seminars List of participants on seminars 4. Capacity of all relevant stakeholders working within the free legal aid system (MoJ, County State Administration Offices, NGOs, judicial officials) strengthened in order to improve implementation of free legal aid 21

22 Activities Means Specification of costs Assumptions 1.1. Conducting analysis of the existing legal framework that regulates the system of free legal aid 1.2. Preparing recommendation for improvement of legal framework for free legal aid 1.3. Drafting amendments to the Free Legal Aid Act 2.1. Conducting analysis to examine the shortcomings of the current system of free legal aid 2.2. Conducting analysis of the existing practices in the County State Administration Offices regarding working process (including personnel s skills, expertise and experience) 2.3. Conducting analysis of financial impacts of implementation of the Free Legal Aid Act in practice 2.4. Organizing one round table (for 30 persons) for judges and attorneys in order to discuss the impacts of Free Legal Aid Act and shortcomings of the system on all levels of implementation 2.5. Preparing the report based on conducted analyses and discussions performed in previous four activities with recommendation for improving free legal aid implementation and its submission to the Ministry of Justice 2.6. Organizing one conference (for 60 persons) with all relevant stakeholders Analysis Consultation Preparation of documentation Preparation of documentation Analysis Analysis Consultation Analysis Round table discussion Consultation Preparation of documentation Euros EU contribution Euros of national contribution = Euros Active participation of all involved in project implementation 22

23 (representatives of MoJ, County State Administration Offices, NGOs, Universities Law Faculties) with a purpose of exchanging experiences in implementation of free legal aid and discussion on how to improve cooperation of all parties involved 2.7. Drafting of the administrative supervision plan (with regards to provisions of Free Legal Aid Act) Conference discussion Consultation 2.8. Defining data flow between relevant stakeholders (Tax Administration, County State Administration Offices, Land registry and Ministry of Justice), especially related to checking the eligibility of the applicants for free legal aid and vouchers validity 2.9. Drafting guidelines in order to develop uniform practice for application of the legislation of Free Legal Aid by the County State Administration Offices 3.1. Conducting assessment of the current system of access to information on free legal aid from the end-user side and preparing report with recommendation 3.2. Conducting analysis of the current free legal aid web page 3.3. Preparing recommendation for better design of free legal aid web page (organization and preparation of information to be published, layout improvements) in order to provide better Preparation of documentation Preparation of documentation Preparation of documentation 23

24 access to information 3.4. Preparing materials for leaflets and brochures with information for citizens about the Free Legal Aid system and providing suggestions for dissemination of prepared materials (i.e. defining target groups, number of needed materials, type of promotional campaign, etc.) 4.1. Organizing a Study visit to a Member State with similar free legal aid system to familiarize the employees of MoJ Department for Free Legal Aid and County State Administration Offices with EU best practice in free legal aid implementation (3 days, 10 persons) and preparing report on the findings of the study visit 4.2. Conducting training needs analysis for the employees of County State Administration Offices and Department for Free Legal Aid in the Ministry of Justice Analysis Preparation of documentation Analysis Consultation Preparation of documentation Preparation of documentation Consultation 4.3. Developing training program and training materials for persons engaged in work within Free Legal Aid system 4.4. Preparing and organizing 2 seminars for employees of County State Administration Offices and NGOs in Zagreb and Split (20 persons per seminar) with regard to improving their skills in implementation of free legal aid 4.5. Preparing and organizing 2 seminars for the Ministry of Justice employees and Study tour Preparation of documentation 24

25 judicial officials (10 persons per seminar) based on the outcome of training needs analysis Analysis Preparation of documentation Seminars Seminars Preconditions: N/A 25