Review article
Legal Regulation of the Institute of legal aid in the Republic of Croatia with Particular Reference to the legal Solutions in Post-Yugoslav States
Barbara Preložnjak
; Faculty of law, University of Zagreb, Zagreb, Croatia
Dinka Šago
; Faculty of law, University of Split, Split, Croatia
Abstract
«To no one will we sell, to no one will we refuse or delay, right or justice» 40th paragraph of the Magna Charta The paper considers the development and regulation of the institute of legal aid in the Republic of Croatia and in the other post-Yugoslav states with the aim of providing a regional outline of their regulation. In recent years legislators in the post-Yugoslav states have been increasingly involved in the regulation of legal aid and, in order to develop modern legal systems, they adopted laws aimed at ensuring and protecting the right to legal aid. The normative activities for regulating legal aid began with the constitutional guarantee for such aid, and were made effective by the provisions of the criminal codes and the civil procedure acts. Later, under the influence of the acquis communautaire of the modern European states they were to be included in the provisions of separate laws of the post-Yugoslav states. This shows that there was an evolution in the development of the right to legal aid, not only as the right to such aid in the form of good will and charity of the state, but also as one of the fundamental human rights guaranteed by constitutional and legal norms.
Keywords
right to access to court; legal representation; legal aid; civil proceedings
Hrčak ID:
55001
URI
Publication date:
28.6.2010.
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