The master's thesis with the topic Free legal aid in civil proceedings addresses the topic of free legal aid in Slovenian legal system. Through such positive measures as free legal aid, the state aims to achieve that socially vulnerable individuals become acquainted with their rights and obligations, and provides them the opportunity to exercise their rights before judicial authorities.
The master's thesis is divided into two parts. The first is theoretical and describes a brief historical overview of free legal aid, as well as its international and national legal framework. Focusing primarily on national legal framework, the regulation of the Free Legal Aid Act is presented, more precisely: the beneficiaries of free legal aid, providers, forms, types, the scope of free legal aid, and the procedure of examination whether the applicant is entitled to free legal aid or not. The cost of civil proceedings, being one of the key issues for each beneficiary, is also highlighted. The theoretical part is enriched with the case-law of lower courts, the courts of appeal, the Supreme Court, and the Constitutional Court. The case-law review shows that since the adoption of the Free Legal Aid Act, the courts have often encountered issues related to the institute of free legal aid.
The second part of this thesis is practice-oriented. Striving for a better feedback on the practical application of the institute, and with the aim to identify areas for potential improvement, a questionnaire was prepared and sent to all attorneys who provide free legal aid at different regional assemblies of the Slovene Bar Association. An analysis was made of the answers to the questionnaire, which provides ideas for possible changes within the current system. The institute of free legal aid had namely been subject to many improvements, however, in the event of future changes, the opinions of practitioners should be considered as the key element.
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