Presentation from the OECD Roundtable on Equal Access to Justice, Latvia, 2018. For more information see: http://www.oecd.org/gov/equal-access-to-justice-oecd-expert-roundtable-latvia-2018.htm

1. Free Legal Aid
Free Counselling for Citizens
Aneta Jakubiak – Mirończuk, PhD - Deputy Director
Kinga Francuzik – specialist, Mediation Team
Department of the Strategy and European Funds,
Ministry of Justice Poland

2. The functioning of the Free Legal Aid in 2017
Number of free legal aid points 1 525
by local bar associations 796
by non-governmental organisations 729
Number of advice given 456 355
by local bar associations 258 490
by non-governmental organisations 197 865

3. Access to free legal advice
at the pre-litigation stage
• natural persons
• a difficult financial situation
• no possibility to receive professional legal advice
• financed by the State

4. Background of a Free Legal Aid in Poland
The applicable Act:
• Free Legal Aid and Legal Education Act of 5 August 2015
The changes planned:
• Free Legal Aid, Free Counselling for Citizens and Legal Education Act

5. The changes planned
in the Act on Free Legal Aid and Legal Education
1. expansion of the categories of beneficiaries,
2. restriction of material exclusions,
3. free mediation at the pre-litigation stage,
4. free counselling for citizens.

6. Extension of the categories of beneficiaries
The applicable Act:
• persons below 26 years of age or above 65 years of age
• beneficiaries of the social welfare system
• persons requiring immediate free legal assistance as a consequence of
a crisis situation or a random event
• victims of a natural or man-made disaster
• veterans, combatants and victims of repression during a wartime and
after a wartime
• pregnant women and persons with a valid Large Family Card
The changes planned:
• open catalogue of the entitled under one condition of making
statement: „not able to bear the cost of paid legal aid”

7. Restriction of material exclusions:
The applicable Act:
• tax issues
• customs law,
• foreign exchange law connected with running a business
• commercial law
The changes planned:
• issues strictly connected with running a business

8. Mediation
The applicable Act:
• lack of provisions
The changes planned:
• free mediation at the pre-litigation stage
• a chance to reach a settlement without legal proceedings
• promotion and popularization of mediation

9. Organization of center
• 4 hours of center operation per day
• various specalization
• non-legal aspects
- refers eligible person to other systems e.g.:
 psychological
 for the unemployed
 oriented addictions
 family violence
• place of supply of services e.g.:
 head office
 social centers
 public utility buildings

10. Citizens Counselling
The changes planned:
- new service
- the conditions for the access to the free counselling for citizens will be
conformed to the free legal aid
Objectives:
• prevents social exclusion
• helps solve social problems
Preferred areas:
• debtors
• housing
• social matters

11. THANK YOU FOR YOUR ATTENTION!
Strategy and European Funds Department
Ministry of Justice
Al. Ujazdowskie 11
00-950 Warsaw, Poland
phone: 00 (22) 23 90 265