THE SYSTEM OF FREE LEGAL AID IN THE REPUBLIC OF NORTH MACEDONIA: CURRENT SITUATION AND CHALLENGES

Abstract

In order to fully enjoy the right to access to justice, it is not sufficient for the state to establish an effective system of legal protection, but to provide a system where, without discrimination of any kind, every person will be able to enjoy its right to access to justice regardless of the obstacles, typically of financial nature, one can confront in realization and protection of its rights. Such system is needed in order for the human rights to be protected and enforced equally. The right to legal aid is considered as an essential element of a fair, human and efficient system of administration of justice. The paper discusses certain aspects of the right to free legal aid in international and national context. After analyzing the essence and concept of legal aid generally, the authors refer to the European standards relating to legal aid focusing on the legal instruments and measures adopted by CoE and EU and the case-law of the ECtHR in that regard. Furthermore, the current normative framework of North Macedonia concerning free legal aid in civil cases is being discussed including an analysis of the practical implementation of the Law on Free Legal Aid from 2019 and the challenges that occurred from its application in the practice.