New Law on Free Legal Assistance under Preparation



Working group of the Ministry of Justice of BiH has started drafting of the new Framework Law on Free Legal Assistance at the state level. That law defines basic principles of the free legal assistance, according to which law-income and indigent people will have equal right to the assistance of the state, Entities and other competent bodies, in court and other proceedings. The law will try to identify uniform criteria for granting free legal assistance and facilitate access to courts and justice to all citizens of our country.

We would like to recall that the previous Proposal of the Law on Free Legal Assistance in Civil Matters did not gain the support of the House of Representatives of the Parliament of Bosnia and Herzegovina. In that relation, working group has been established and it will, in the following period, prepare the new draft law at the state level. Working group will define equal criteria for drafting laws in the Cantons, i.e. criteria for harmonization with the existing cantonal laws, as well as with the Law on Free Legal Assistance of Republika Srpska. 

Within the working group, representatives of the Federal Ministry of Justice, RS Center for providing free legal assistance, Judicial Commission of Brcko district of BiH, representatives of the judiciary from all 10 Cantons and representatives of the NGO sector are engaged in drafting of the new law. UNDP BiH will provide assistance in the implementation of the activities, within the project Access to Justice.

Preparation of the draft of the mentioned law is also planned in BiH Justice Sector Reform Strategy, and obligation related to its adoption derives from the European Convention on Human Rights and prescribed European standards in the process of accession to the European Union.

Draft Framework Law on Free Legal Assistance at the state level should be in the Parliamentary Assembly of Bosnia and Herzegovina in September this year.