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FREE LEGAL AID PROJECT IN

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CONTENTS

Introduction and institutions participating in the project 3

Presentation of the President of the Republic of Serbia and the Spanish Ambassador to Serbia 4

Síndic de Greuges de Catalunya (Catalan Ombudsman) 6

Spanish Agency for International Cooperation (AECI) 7

Council of Catalan Bar Associations and Narodna Introduction Kancelarija Predsednika Republike 8

This publication is intended to inform on the task The following pages detail the results achieved Objective and scope of the project 9 carried out within the framework of the Free Legal over more than four years’ activity. These results Aid Project in Serbia, directed by the Síndic de make up a truly solid foundation for the establish- Workings of the Free Legal Aid Services 10 Greuges de Catalunya (Catalan Ombudsman) and ment throughout Serbia of a high quality, effective the Spanish Agency for International Cooperation and economically sustainable public free legal aid (AECI). system. This is a system that must ensure access to Aggregate Statistics on the Free Legal Aid Services 11 the justice system for all people, regardless of their economic resources. Nis 13

Pancevo 15 Institutions participating in the project

Sabac 16 Catalan Ombudsman People’s Office of the President The Catalan Ombudsman is the project’s director and of the Republic of Serbia 17 implementation organization. Therefore, it contributes personal, material and economic resources to the proj- The People’s Office of the President of the Republic of ect. It is a co-financer along with the Spanish Agency for Serbia plays the role of observer over the collaboration , Lebane and 18 International Cooperation (AECI). agreements that make possible the implementation of free legal aid in various municipalities. It collaborates Novi Beograd 19 Spanish Agency for International with the Catalan Ombudsman to promote the dissemi- nation of this free legal aid system around the country. Cooperation (AECI) The Project in the Media 20 Nis, , Sabac and The Spanish Agency for International Cooperation is the main project financer. Bar Associations The Project’s Contribution to the Institutionalization of Free Legal Aid in Serbia 22 These Bar Associations are responsible for providing the Council of Catalan Bar Associations free legal aid services in the different municipalities.

Contact details 23 The Council of Catalan Bar Associations works in collab- Local Councils of Nis, Pancevo, oration with the Catalan Ombudsman. This organization participates in the project activities by providing expert Sabac, Zrenjanin, Prokuplje, Lebane, personnel for training sessions. Vlasotince and Novi Beograd

These Local Councils are responsible for financing the March 2007 free legal aid services provided by the attorneys. Published by the Síndic de Greuges de Catalunya

Front page Miquel Puiggalí photo: © Front Legal deposit 3 cooperacio sindic angles.qxp 31/5/07 17:31 Página 4

Presentation Presentation

The Free Legal Aid Project of the Síndic de Greuges de Catalunya (Catalan It is an honour for me to address you regarding the Free Legal Aid Project in Ser- Ombudsman) is important for various reasons. The mere possibility of offering bia, which the Catalan Ombudsman has carried out with the support of the Span- professional legal aid in judicial processes to those in financial straits entails, ish Agency for International Cooperation. above all, a significant social and humanitarian activity. Without such aid, the realization and defence of the rights of many citizens would be difficult or even I would now like to establish the context for this project. The establishment of the impossible to achieve. It is clear that legal aid contributes to the realization of the rule of law is one of the main challenges faced by new democracies. Following its rule of law, one of the main tenets of which is to offer all persons, in equal condi- recent troubled history, Serbia began a new period in 2001, in which our support to tions, and through professional advice, the possibility to defend their interests in achieve the consolidation of democratic institutions is vital. Aware of this, Span- accordance with the legal system. The importance of the project, or the justifica- ish Cooperation activity has as its priority in Serbia the institutional consolidation tion for its implementation, is clearly illustrated with the results achieved and cit- of the Rule of Law. I am happy to say that several Spanish organizations are coop- izens’ and institutions’ will to support it. erating with Serbia to strengthen its general –and specifically its judicial– institu- tions. The collaboration existing in the rendering of legal aid is also an important part of Spain and Serbia’s international relations, and in any event, promotes mutual In this context, the contribution to the project carried out by the Catalan Ombuds- cooperation. I am certain that in future this will be carried out in multiple direc- man –which has enjoyed the full collaboration of the Spanish Agency for Interna- tions and with increasing volume. tional Cooperation from the outset– is of great value. The establishment of a free legal aid service is one of the main pillars through which to guarantee citizens’ Lastly, I would like to thank the Catalan Ombudsman and the Spanish Agency for equality before the law. International Cooperation for the assistance they have offered Serbia in the implementation of European standards for protection of human rights, and wish The project’s background dates back to the implementation in 2003 of the pilot them great success in all their future undertakings. project for free legal aid in the city of Nis, carried out under the Spanish Institu- tional Programme (between the Catalan Ombudsman, the Spanish Ombudsman Boris Tadic and the Madrid Bar Association). As a result, the institutionalization of free legal President of the Republic of Serbia aid in the Municipality of Nis was established, the costs of which have been cov- ered by the municipality since 2004.

With the completion of that effort, the Catalan Ombudsman decided to further his efforts and transfer the experience to various other municipalities around the country, once it had been shown that the Spanish model of free legal aid had worked on a small scale. It was decided to expand the model to the municipalities of Pancevo, Sabac and Zrenjanin, later making inroads in Prokuplje, Lebane, Vla- sotince and finally in 2006, the country’s largest municipality, Novi Beograd (Bel- grade). This is a project that has progressed gradually, municipality to municipali- ty, making major efforts to engage in dialog with local municipalities and bar associations.

I want to emphasize the great receptivity of our Serbian partners’ local institu- tions in their adaptation of the Spanish experience to the reality of their country. There is no question that to establish a model of these characteristics, the active participation and involvement of the local agents is indispensable. At the end of the day, they will be responsible for the continuity of the free legal aid services.

I want to especially acknowledge the collaboration of the Vojvodina Bar Associa- tion, the Pancevo Local Council, the Zrenjanin Local Council, Sabac Bar Associa- tion and Local Council, the Nis Bar Association, the , Palilula and (Nis) Local Councils, the Prokuplje, Lebane and Vlasotince Local Councils, the Bel- grade Bar Association and the Novi Beograd (Belgrade) Local Council. A project like this would be impossible without their involvement.

Thanks to the uniting efforts of the Catalan Ombudsman and his staff members, Mss Judit Salas and Arantxa Díaz, Serbia is now closer to the implementation of a free legal aid system that guarantees the equality of citizens before the judicial system.

José Riera Siquier Spanish Ambassador to Serbia

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SÍNDIC DE GREUGES DE CATALUNYA

The Síndic de Greuges de Catalun- The Catalan Ombudsman presents such as that for free legal aid, ex- ya (Catalan Ombudsman) is the Ca- an annual report to the Catalan Par- change study visits, training semi- talan institution charged with the liament in plenary session on the nars, round table discussions, con- mission of supervising the Catalan work done by his organization. He ferences, and permanent technical Autonomous Administration, local also presents special reports on spe- advice to public institutions of other Catalan governments and compa- cific issues considered especially countries. nies rendering public services, in important or urgent. order to protect the fundamental From the outset, the Catalan Om- rights and public freedoms of all The post of Catalan Ombudsman is budsman’s cooperation activity has persons, and guarantee their right currently occupied by Rafael Ribó. mostly taken place in the Balkans, to good administration. After being elected by the Parlia- especially Bosnia and Herzegovina ment on June 17, 2004, he took office and Serbia, where he has worked To fulfil that aim, it receives the on July 1 of that same year, thereby with Ombudsman institutions, complaints and queries of any per- becoming the third Ombudsman members of parliament, judges, son or group, with independence elected by the Parliament of Catalo- public prosecutors, attorneys and and objectivity. nia, following the terms of his prede- other government officers. cessors: Anton Cañellas (1993-2004) Specifically, the Catalan Ombuds- and Frederic Rahola (1984-1992). Since 2002, much of the Catalan man investigates possible viola- Ombudsman’s presence there has tions of persons’ rights following The Catalan been devoted to promoting and up on the complaints received, also advising on the establishment of a © Miquel Puiggalí doing so on his own initiative, in ex Ombudsman’s free legal aid system in Serbia. This officio activities. After studying Cooperation is the context in which the free legal each case, the Catalan Ombuds- aid pilot project came about in Nis, THE SPANISH AGENCY FOR man makes recommendations and Efforts and the later extension of the sys- warns administrations and compa- Since 1999, the Catalan Ombuds- tem to various other parts of Serbia. INTERNATIONAL COOPERATION (AECI) nies rendering public services man has been devoting part of his when they infringe citizens’ rights staff and budget to carrying out Specifically, the Catalan Ombuds- The Spanish Agency for Internation- and non-governmental organizations. sion and follow-up tasks are con- and freedoms, in order for them to international cooperation projects, man’s role in this free legal aid pro- al Cooperation (AECI) is an auto- The ultimate aim of Spanish Coop- ducted for the cooperation projects take the necessary steps to rectify as part of his aim to contribute to ject consists of: nomous organization that works eration for development is the con- and programs for scientific and irregular situations. He may also building a safer, fairer international under the aegis of the Spanish Min- tribution to the economic growth technical economic development recommend the introduction of community based on solidarity. This • Promoting the extension of the istry of Foreign Affairs and Coopera- and social, cultural, political and that take place in Bosnia and Herze- changes or modifications to the economic contribution has progres- free legal aid system throughout tion and through the Secretary of institutional progress of developing govina and Albania (special atten- laws or rules in which he observes sively grown to its current level of Serbia. State for International Cooperation countries. tion countries) and the Republics of any infringement of persons’ over 0.7% of the annual budget. Fur- • Organizing training for the Bar and Latin America. It has been or- Serbia and Montenegro (priority rights. thermore, the Catalan Ombudsman Associations involved in the project. ganized, pursuant to the Interna- The AECI’s overseas structure is now countries). has access to resources from the • Coordinating and supervising the tional Cooperation for Development made up of 36 Technical Coopera- The institution is directed by the Spanish Agency for International provision of free legal aid in the Act, as the management body for tion Offices, 13 Cultural Centres and TECHNICAL OFFICE Síndic, or Ombudsman, who is Cooperation (AECI), the Catalan municipalities that have implemen- Spain’s international cooperation three Training Centres in the coun- FOR COOPERATION elected by the Parliament of Catalo- Agency for Development Coopera- ted the system. for development. tries where the AECI carries out its WITH THE BALKANS nia in plenary session by a quali- tion (ACCD), and other international • Collaborating with Serbia’s Execu- main cooperation projects. Address: fied majority of three fifths, and for bodies that co-finance the Catalan tive and Legislative branches in the The Agency is the expert organiza- Cekalusa 14 a term of five years. The Catalan Ombudsman’s projects. regulatory realm of free legal aid. tion responsible for the design, im- The Balkans are an area of special 71000 Sarajevo Ombudsman is politically inde- With this effort, the Catalan Om- plementation and management of attention for the AECI, which since (Bosnia and Herzegovina) pendent, and acts with freedom of budsman aims to strengthen the These tasks are conducted by two cooperation projects and programs, May 2001 has enjoyed the support of criteria. He is not dependent on the rule of law, the administration of project coordinators who regularly either directly, with its own re- the Technical Office for Cooperation Tel: + 387 33 250 350 government of Catalonia. justice and the promotion and travel to Serbia, and by a local colla- sources, or through collaboration with the Balkans (OTC), with head- Fax: + 387 33 265 480 defence of human rights in other borator who works on the ground, (conventions, agreements) with other quarters in Sarajevo. From there, E-mail: [email protected] countries through specific projects specifically devoted to the project. national and international bodies coordination, management, supervi- 6 7 cooperacio sindic angles.qxp 31/5/07 17:31 Página 8

COUNCIL OF CATALAN Free legal aid project in Serbia BAR ASSOCIATIONS

The Council of Catalan Bar Associa- executive body of the 14 Catalan The In-Court Representation Com- tions collaborates with the Catalan bar associations. The council is mittee, staffed by one member from Objective and scope of the project Ombudsman in free legal aid project made up by the deans of the Bar each bar association, chaired by a activities, for which it provides Associations of Catalonia. Dean and organized by its Coordina- Without the right to defence, ex- once established in each municipal- his or her lack of economic solvency). expert professionals for training tor is the only spokesperson for the pressly established in Serbia’s re- ity. Furthermore, the Catalan Om- The legal advice and in-court rep- sessions. Along these lines, the col- It is governed by its by-laws and Catalan legal community vis-à-vis cently ratified Constitution (article budsman and the AECI co-finance resentation services have been laboration of the In-Court Represen- the Catalan Professional Associa- the Public Administration. It com- 67), no other rights would be feasi- project activities (such as training conceived as public services finan- tation Service Coordinator of Catalo- tions Act. Its main services and du- missions and prepares reports on ble, as their exercise could not be seminars and workshops, initial ren- ced by the Local Councils and ren- nia has been especially significant. ties are, among others: coordinat- any matters related to the rendering guaranteed. dering of free legal aid services, etc.). dered by the bar associations, ing Bar Associations, drawing up of free legal aid services, in-court which have been assigned the ma- One of the Council’s missions is to common ethical and professional representation and legal advice Therefore, since 2003 the Catalan This system of free legal aid carried nagement of both services. This uphold the professional ethics of rules for the practice of law, decid- services. Ombudsman, with financing from out through the project consists of a system is now implemented in the attorneys and the rights of citizens. ing on appeals lodged against cer- the AECI (Spanish Agency for Inter- legal advice service in which free municipalities of Nis (since 2003), Thus aware of the social role of the tain bar association decisions, car- national Cooperation) has been counselling is given to all citizens Pancevo, Sabac, Zrenjanin (since law-practicing community and its rying out a disciplinary role with implementing a public free legal aid who come to the office for the serv- 2005), Prokuplje, Lebane, Vlasotince commitment to citizens, the Council relation to members of the council system in various Serbian munici- ice, and an in-court representation and Novi Beograd (since 2006). collaborates in the project by shar- and the government bodies of bar palities. The task of the Catalan service (public service financed by ing its experience in free legal aid associations, and deciding on the Ombudsman consists of working the Administration consisting of with Serbian institutions. appeals lodged against the bar with the Council of Catalan Bar covering the costs of an attorney to associations in disciplinary affairs. Association to provide Serbian represent the citizen in court, for the The Council is a public law corpo- institutions with the prior training defence of the rights of individuals ration with full capacity and its The council has various working necessary to put the system in lacking financial resources to cover own legal status, founded in 1983. committees, among them the In- motion, and then follow up on it the cost, once the citizen accredits It is the highest representative and Court Representation Committee.

PEOPLE’S OFFICE OF THE PRESIDENT OF THE REPUBLIC OF SERBIA

In the implementation of the free and society, with the goal of restor- the municipal authorities and the legal aid project carried out by the ing citizens’ trust in State institu- citizens, it has opened delegations Catalan Ombudsman, the People’s tions. in several local councils. There are Office of the President of the Repub- currently 46 offices. lic of Serbia (Narodna kancelarija Within the process of project With these initiatives, actions and predsednika Republike) plays the implementation and serving citi- projects, conceived to address the role of observer over the collabora- zen requests, the People’s Office requests received on a daily basis, tion agreements that make possible cooperates with governmental the People’s Office intends to influ- the implementation of the free legal institutions as well as national and ence Serbian society and trigger aid in various municipalities, work- foreign institutions like the Cata- major changes meant to improve ing with the Catalan Ombudsman to lan Ombudsman. people’s living conditions, especially promote the extension of this free those of society’s most vulnerable legal aid system throughout Serbia. The People’s Office received 23,392 groups. complaints up to December 31, 2006, The People’s Office of the President of which 22,182 (94.82%) were ad- As part of this effort, the People’s of the Republic of Serbia began its mitted. A third of these cases were Office of the President has lent its activity on October 1, 2004 within its satisfactorily resolved. Most of the full support to this free legal aid drive to provide citizen services that complaints filed by citizens had to project, clearly geared to society’s address logistic, analytical and advi- do with court affairs, residence most underprivileged members. sory concerns. problems, unemployment, pensions, insurance, etc. The mission of the People’s Office is conceived as a two-way communi- With an aim to facilitate communi- cations channel between President cation between the People’s Office, © Miquel Puiggalí 8 9 cooperacio sindic angles.qxp 31/5/07 17:31 Página 10

Aggregate statistics on the free Workings of the Free Legal Aid Services legal aid services

The legal advice services (LAS) in over the Serbian state, establishing the absence of bureaucracy has led place in these towns work as fol- a global, coordinated, consistent to no Local Councils withdrawing lows: the offices open in the morn- and economically sustainable mo- their financing in the municipali- ing, staffed by a lawyer from the del of free legal aid that ensures ties where it is established. In the municipalities of Nis, Pancevo, Sa- Bar Association who receives any- that the public administration ful- bac, Zrenjanin, Prokuplje, Lebane, Vlasot- one who comes to the service, free fils its international obligations ince and Belgrade the free legal aid servic- of charge and in private. The attor- regarding the right to equal access es are provided (legal advice and in-court ney gives these users legal advice to justice, a significant element of representation service) according to the and determines whether their the European Union accession system established within the framework affairs require appointment of an process. of the Catalan Ombudsman’s project. attorney. If not, the citizens are referred to the institution or organ- By starting this free legal aid pro- As the different municipalities joined this ization competent to solve their gram, the Local Councils of Nis network progressively, the time frames for problem. If an attorney is deemed (Medijana, Palilula, Pantelej), Pance- which data can be presented vary from necessary, the citizen is given an vo, Sabac, Zrenjanin, Prokuplje, town to town. The town with the longest application for free in-court repre- Lebane, Vlasotince and Novi Beo- experience is Nis while the most recent sentation. They are assisted in fill- grad have proven their awareness of incorporation is the city of Belgrade. ing out the form and instructed on the need to apply international providing the documents that standards. Furthermore, they have accredit their personal and eco- made it possible to achieve other nomic circumstances. All of this concrete results: they have helped documentation is then filed with to determine the real demand for the In-Court Representation Com- the legal advice and in-court repre- mittees, made up of representa- sentation service and provide use- tives from the Bar Associations and ful information to determine the Local Councils. These Committees real costs and quality standards of propose the appointment of an free legal aid. attorney to the Bar Association, except when the application is dis- This free legal aid system provided 2003-2006 missed because the applicant’s by the Bar Associations is meant as income exceeds the maximum an independent, autonomous serv- established by the Local Council, or ice, as established by Article 67 of LEGAL ADVICE SERVICE: IN-COURT REPRESENTATION: because the grounds of the appli- the Constitution of Serbia. Accord- cant’s case are judicially unsustain- ing to the terms of that article, the 12,462 persons served: Men 54% 818 applications received. Men 36% able in court; in other words, lack- system ensures independent legal Women 46% 750 applications accepted: Women 64 ing the legal grounds that would aid, with no other limitation than make the court case viable. respect for the law. In fact, this sys- By economic situation: By area: By area: Applicant Profile: tem guarantees the independence The compared reports from the of attorneys and their freedom of 4 % 13 % Council of Europe regarding free expression in court, full loyalty to 37 % 16 % 66 % 18 % legal aid show substantial differ- the client and privilege. The Bar 21 % 42 % ences in the social, political and Associations supervise the ethical economic realms of countries as principles to be observed by attor- 20 % 19 % regards the degree to which these neys in providing free legal aid, 11 % states have an effective system of while also guaranteeing their inde- 3 % 50 % free legal aid. With the public free pendence before public authorities. 38 % 4 % 11 % 5 % 14 % 15 % legal system aid implemented 1 % 6 % through this project, the Local Finally, it is important to empha-

Councils of Nis (Medijana, Palilula, size how well this public free legal Employed Civil Executive Civil Executive Employed Pantelej), Pancevo, Sabac, Zrenjanin, aid system has been accepted by Unemployed Extra-judicial Administrative Extra-judicial Administrative Unemployed

Prokuplje, Lebane, Vlasotince and citizens. This, together with its © Arantxa Díaz Pensioners Criminal Other Criminal Pensioners Novi Beograd have taken the lead adaptation to a small budget and Legal advice service in Zrenjanin Dependents Labour Labour Dependents

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Nis

• Population: 300,000 • LAS Starting date: 17 February 2003 • ICR Starting date: 1 July 2003 • Number of attorneys providing both services: 70

LEGAL ADVICE SERVICE: 2003 2004

1,623 persons served: Men 61% 2.667 persons served: Men 53% Women 39% Women 47%

By economic situation: By area: By economic situation: By area:

3 % 5 % 37 % 20 % 21 % 21 % 23 % 60 % 35 %

41 % 7 % 16 % 3 % 8 % 4 % 33 % 37 % 4 % 22 % © Miquel Puiggalí Employed Civil Employed Civil Executive The statistical data collected since affairs. Applicant profile data show largest group of users are the unem- Unemployed Criminal Unemployed Extra-judicial Administrative the implementation of the services that the services’ most frequent ployed. Pensioners Labour Pensioners Criminal Other Administrative in each municipality up to December users belong to society’s most un- Since 2003, when this free legal aid Dependents Dependents Labour 31, 2006 are shown on the following derprivileged groups: the unem- system began in Serbia up to De- pages. As the public service office of ployed and pensioners. On another cember 31, 2006, 12,462 people have Novi Beograd did not open until of note, men and women use the serv- benefited from the legal advice and February 1, 2007, statistical data on ice in similar proportion although 750 from the in-court representa- this municipality are not included in there is a slight predominance of tion service. this publication. men. 2005 2006 2.369 persons served: Men 54% 1.882 persons served: Men 54% In the legal advice services (LAS), the Insofar as in-court representation Women 46% Women 46% statistical data reveals that the most (ICR), the area most frequently con- often-sought advice is for civil sulted is also civil affairs, and the By economic situation: By area: By economic situation: By area:

4 % 5 % 39 % 19 % 19 % 18 % 20 % 41 % 43 %

6 % 9 % 41 % 3 % 3 % 12 % 9 % 36 % 5 % 4 % 36 % 14 % 14 %

Employed Civil Executive Employed Civil Executive Unemployed Extra-judicial Administrative Unemployed Extra-judicial Administrative Pensioners Criminal Other Pensioners Criminal Other Dependents Labour Dependents Labour

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Nis Pancevo

• Population: 130,000 • LAS Starting date: 11 April 2005 • ICR Starting date: 15 February 2006 • Number of attorneys providing both services: 30 © Pancevo Bar Association Bar © Pancevo © Miquel Puiggalí Pancevo Free Legal Aid Committee

IN-COURT REPRESENTATION: LEGAL ADVICE SERVICE: 2003 /2004 2005 2005 (partial) 2006 319 applications received. Men 29% 58 applications received. Men 45% 553 persons served: Men 51% 1.063 persons served: Men 47% 303 applications accepted: Women 71% 58 applications accepted: Women 55% Women 49% Women 53%

By area: Applicant Profile: By area: Applicant Profile: By economic situation: By area: By economic situation: By area:

66 % 3 % 7 % 4 % 13 % 63 % 18 % 20 % 25 % 19 % 37 % 17 % 54 % 24 % 38 % 6 % 9 % 27 % 2 % 42 % 10 % 6 % 11 % 44 % 19 % 49 % 3 % 15 % 14 % 3 % 13 % 10 % 50 % 4 % 12 % 7 % 5 % 14 % 17 %

Employed Civil Executive Employed Civil Executive Civil Employed Civil Executive Employed Unemployed Extra-judicial Administrative Unemployed Extra-judicial Administrative Extra-judicial Unemployed Extra-judicial Unemployed Pensioners Criminal Other Pensioners Criminal Other Criminal Pensioners Criminal Pensioners Dependents Labour Dependents Labour Labour Dependents Labour Dependents

IN-COURT REPRESENTATION: 2006 2006 (partial) 233 applications received. Men 39% 138 applications received. Men 44% 213 applications accepted: Women 61% 111 applications accepted: Women 56%

By area: Applicant Profile: By area: Applicant Profile:

7 % 65 % 10 % 14 % 18 % 19 % 25% 37 %

17 % 9 % Address of the free legal aid offices: Local council of Medijana: Pariske Komune bb 6 % 6 % 15 % 59 % Office hours: Monday and Tuesday 9 am to 1 pm 1 % 13 % 50 % 6 % 7 % Local council of Palilula: Branka Radicevica 1 4 % 12 % Office hours: Employed Address of the free legal aid office: Civil Executive Employed Wednesday and Thursday 9 am to 1 pm Civil Executive Extra-judicial Administrative Unemployed Local council of Pantelej: Guternburgova 4a Extra-judicial Administrative Unemployed Zmaj Jovina, 5 Trzni Centar, lokal 5 Criminal Pensioners Office hours: Thursday and Friday 9 am to 1 pm Criminal Other Pensioners Office hours: Monday to Friday, 9 am to 1 pm Labour Dependents Labour Dependents 14 15 cooperacio sindic angles.qxp 31/5/07 17:31 Página 16

Sabac Zrenjanin

• Population: 130,000 • Population: 123,000 • LAS Starting date: 1 April 2006 • LAS Starting date: 23 May 2005 • ICR Starting date: 1 October 2006 • ICR Starting date: 22 February 2006 • Number of attorneys providing both services: 45 • Number of attorneys providing LAS: 45 • Number of attorneys providing ICR: 28 Formalization of Collaboration Agreement in Zrenjanin © Miquel Puiggalí © Sabac Bar Association Bar © Sabac

LEGAL ADVICE SERVICE: LEGAL ADVICE SERVICE: IN-COURT REPRESENTATION: 2005 (partial) 2006 2006 (partial) 2006 (partial)

838 persons served: Men 56% 1.012 persons served: Men 53% 427 persons served: Men 49% 5 applications received. Men 60% Women 44% Women 47% Women 51% 5 applications accepted: Women 40%

By economic situation: By area: By economic situation: By area: By economic situation: By area: By area: Applicant Profile:

2 % 2 % 8 % 32 % 26 % 16 % 31 % 12 % 20 % 38 % 20 % 22 % 38 % 33 % 40 % 32 % 10 % 12 % 7 % 3 % 5 % 16 % 12 % 2 % 46 % 5 % 80 % 40 % 15 % 6 % 21 % 28 % 6 % 14 % 100 %

Civil Civil Employed Executive Employed Executive Employed Civil Administrative Civil Unemployed Extra-judicial Administrative Extra-judicial Unemployed Unemployed Administrative Unemployed Extra-judicial Other Executive Pensioners Criminal Other Pensioners Criminal Other Pensioners Criminal Dependents Labour Dependents Labour Dependents Labour

IN-COURT REPRESENTATION: 2006 (partial) 65 applications received. Men 30% 60 applications accepted: Women 70%

By area: Applicant Profile:

7 % 7 % 3 % 3 % 10 % 33 %

57 % 80 % Address of the free legal aid office:

Civil Employed Karadjordjeva 25 Address of the free legal aid office: (Sabac Municipal Courthouse) Extra-judicial Unemployed Pupinova 14 Criminal Pensioners Office hours: Monday to Friday, 9 am to 1 pm Office hours: Monday to Friday 9 am to 1 pm Administrative Dependents 16 17 cooperacio sindic angles.qxp 31/5/07 17:31 Página 18

Prokuplje Novi Beograd

• Population: 52,969 • LAS Starting date: 25 October 2006 • Number of attorneys providing LAS: 3

LEGAL ADVICE SERVICE: 2006 (partial) 16 persons served: Men 69% Women 31%

By economic situation: By area: 6 % 31 % 19 % 31 %

6 % © Catalan Ombudsman

50 %

19 % 6 % 13 % 19 %

Employed Civil Executive Address of the free legal aid office: Unemployed Extra-judicial Other Prokuplje: Nikodija Stojanovica 2 Pensioners Criminal Office hours: Wednesdays, 11 am to 2 pm Dependents Labour © Novi Beograd Local Council Beograd © Novi

Formalization of Collaboration Agreement in Novi Beograd

This is the Local Council where the board of directors of the Bar zens, has decided not to limit Lebane and Vlasotince free legal aid services have most Association had decided some access to the citizens of Novi recently been established. years ago to create the Free Legal Beograd, and allows all citizens of Aid Project Management Commit- the city of Belgrade to use it. • Population: 27,068 and 34,302 As has been done in every munici- tee, whose goal was to promote Nonetheless, the only beneficiaries • LAS Starting date: 1 December 2006 pality joining the network of mu- establishment of such a system in of the in-court representation serv- • Number of attorneys providing LAS: 4 nicipalities that have adopted this Belgrade. Finally, the Novi Beograd ice will be the citizens of Novi free legal aid system, a collabora- Local Council’s strong commit- Beograd, as resources are limited © Catalan Ombudsman tion agreement was signed among ment has made it possible to and, as opposed to legal advice, the participating institutions. achieve the objective. free in-court representation is only Thus, on November 20, 2006, the meant for citizens with insuffi- LEGAL ADVICE SERVICE: Catalan Ombudsman, the Bar The legal advice office has been cient means. 2006 (partial) Association of Belgrade and the open since February 1, 2007. Fol- Local Council of Novi Beograd for- lowing four months’ operations, it 12 persons served: Men 58% malized a collaboration agreement will also receive in-court represen- Women 42% that established the implementa- tation applications. According to tion of free legal aid in the Serbian the terms of agreement, during the By economic situation: By area: capital. The People’s Office of the first twelve months of operations, 9 %

25 % © Catalan Ombudsman President of Serbia, as on prior financing for the services will be 25 % 37 % 27 % occasions, took the role of observer covered by the Catalan Ombuds- Address of the free legal aid offices: over the agreement. man, as in Nis, Pancevo, Sabac, Lebane: Cara Dusana 116 Prokuplje, Lebane and Vlasotince), Office hours: 2nd and 4th Friday The Bar Association of Belgrade with the following twelve months had been familiar with this free to be paid for by the Novi Beograd Address of the free 50 % of every month, 9 am to 1 pm 18 % 9 % legal aid system since 2003, having Local Council. legal aid office: Vlastotince: Trg. Oslobodjenja 12 had the opportunity to follow up Jurija Gagarina 81 Office hours: Wednesdays, 11 am to 2 pm Employed Civil Labour on the experience of Nis and The Novi Beograd Local Council, Office hours: Office hours: 1st and 3rd Friday Unemployed Extra-judicial Administrative through working sessions organ- aware of the magnitude of service Monday to Friday , 9 am to 1 pm Pensioners Criminal of every month, 11 am to 3 pm ized in Serbia and Spain. In fact, that legal advice provides to citi-

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THE PROJECT IN THE MEDIA

1 2 7 8

3 4

9 1. Article from the Narodne Novine newspa- per (01.02.05): “Legal Aid - Public Service”

2. Article from the Blic newspaper (01.02.05): “The Nis Model for all Serbia”

3.Article from the Glas Podrinja newspaper (17.04.05): 5 6 “Free Legal Aid for the Citizens of Sabac - A step toward improving human rights” 7. Article from the Glas Javnosti news- 4. Article from the Politika newspaper paper (21.11.06): (17.04.05): “Free Legal Aid for the Poor” “Free Legal Aid” 5. Article from the Pancevac newspaper 8. Article from the Blic newspaper (26.05.05): “Initiative of the Catalan (21.11.06): Ombudsman and Spanish Agency for “Attorneys Free of Charge” International Cooperation - Cost-Free Services Against Injustice” 9. Article from the Toplicke Novine newspaper (31.07.06): 6. Article from the Dnevnik newspaper “Joint Project carried out by the from (10.12.05) “Catalan Catalan Ombudsman, the Bar Ombudsman Project Begins in Zrenjanin Association of Nis and the Prokuplje - Free Legal Aid for Citizens” Local Council - Free Legal Aid”

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The Project’s Contribution to the Institutionalization of Free Legal Aid in Serbia

Since 2003, the results of the sys- A qualitative institutional leap occu- Beograd, which has the largest po- Support tem implemented in the Local Coun- rred with the incorporation of Zren- pulation of all Serbia. cil of Nis and later extended to janin, which, from the very be- of the Serbian Pancevo, Sabac, Zrenjanin, Proku- ginning, financed the public free Everywhere this public free legal aid institutions plje, Lebane,Vlasotince and Novi legal aid service with its own budg- system has been implemented, it Beograd have proven that it is: et, assuming the administration’s has been offered with financing The People’s Office of the President obligation of guaranteeing the rights from the Local Councils (from the has led the formalization of collabo- • Economically sustainable: the Lo- of the most vulnerable groups of beginning, as in Zrenjanin, or after ration agreements between the Cata- cal Councils, following the first year society. twelve months of Spanish financ- lan Ombudsman, the Local Councils of financing by the Catalan Om- ing, as in the rest of municipalities) and the respective Bar Associations, budsman, have continued financing After the establishment of the sys- on an ongoing basis up to the pres- which have made it possible to im- continuously up to the present, tem in three mid-size towns, the ent, proving the effectiveness and plement free legal aid in the munici- including the free legal aid service challenge was to prove its viability sustainability of the system, as well palities of Sabac, Zrenjanin, Proku- as part of their public budgets. The in two territories with contrasting as its wide acceptance among citi- plje, Lebane and Vlasotince, where Zrenjanin Local Council began fi- realities: the rural and economical- zens. the People’s Office acts as an observ- nancing the entirety of the free legal ly deprived area of Serbia, through er over the project. aid service from the outset. its implementation in Prokuplje, Lebane and Vlasotince; and Bel- On another note, on April 14, 2005

• Appropriate for all Serbia: this grade, through the agreement sig- the Parliament of Vojvodina appro- © Miquel Puiggalí Public Free Legal Aid Service guar- ned with the Local Council of Novi ved a recommendation that all Lo- Participants in the Barcelona study visit antees the same level of quality for cal Councils of this Autonomous the citizens of rural and economi- Province establish this model of with Serbia’s current constitution, cally deprived Serbia as it does for free legal aid. whose article 67 expressly mentions citizens of the Serbian capital, or of the right of all persons to legal aid any other city. Later, in a letter dated June 6, 2005, in the conditions stipulated by law. the Minister of Public and Local According to this article, the aid • Compatible with the existing le- Administrations, Zoran Loncar, sent shall be provided by an attorney, as gal framework and recent legisla- a recommendation to all Local Coun- an independent and autonomous tive proposals. cils of Serbia proposing this free service, and by the legal aid offices legal aid system, considering it to be established by the local self-gov- of interest for the citizens of Serbia. ernment bodies in accordance with Gradual extension the law. Furthermore, Article 21 of of the system the Constitution prohibits any dis- Regulatory Area crimination, establishing that all throughout citizens have the right to the same Project coordinators: the territory Members of the Ministry of Justice legal protection, notwithstanding Arantxa Díaz task force responsible for drawing any personal circumstance, includ- Judit Salas up a draft bill on free legal aid in Ser- ing their economic situation. The free legal aid project in Serbia bia participated, together with the Local collaborator: was born out of the pilot project dean of the Bar Association of Nis Concerning the legal regulation and Jasmina Nikolic carried out by the Catalan Om- and a board member of the Bar implementation throughout all Ser- Contact details budsman in Nis in 2003, where, fol- Association of Serbia, in a study visit bia of a system like this, the results Judit Salas lowing an initial year of Spanish to Barcelona, held March 21-26, 2006. achieved with the project bring to International Relations and financing, the services have been The study visit allowed them to light some very valuable informa- Cooperation Officer financed continuously by the Nis carry out a detailed analysis on the tion, as it is the only free legal aid Síndic de Greuges de Catalunya Local Council. applicability of the main characteris- that covers the legal advice service Josep Anselm Clavé, 31 08002 tics of the Spanish system in Serbia. as well as in-court representation Barcelona After this successful experience, The draft bill that this task force and that is proving its effectiveness Tel. + 34 933 018 075 Pancevo and Sabac joined the initia- drew up is fully compatible with this and economic viability on the Fax + 34 933 013 187 tive in 2005. They also had financing free legal aid system. ground in Serbia. [email protected] from the Catalan Ombudsman in It must be noted that a major regu- www.sindic.cat

their first year of operations. © Catalan Ombudsman latory advance came in this field 22 23 cooperacio sindic angles.qxp 31/5/07 17:31 Página 24

Director and co-financer: Co-financer:

Collaborators:

Participants: