FINANSOWE ASPEKTY UDZIELANIA NIEODPŁATNEJ POMOCY PRAWNEJ I ŚWIADCZENIA NIEODPŁATNEGO PORADNICTWA OBYWATELSKIEGO
FINANCIAL ASPECTS OF PROVIDING FREE LEGAL AID AND FREE CIVIC COUNSELLING

Summary/Abstract: The article deals with the financial aspects related to the functioning of the system of free le-gal aid and free civic counselling in Poland. The tasks of providing free legal aid and free civiccounselling are funded by district funds, which come from grants from the state budget. Thoseinvolved in organizing the free legal aid system increasingly report that it is underfunded. The ba-sis for determining the grant is the so-called baseline amount. Analysis of determinants shapingthe grant and baseline amounts was conducted using dogmatic-legal, statistical, and historical-legal methods. The research indicates that there are no statutory criteria for determining theamount of the baseline. The competence in this regard lies with the Minister of Justice, acting inagreement with the minister responsible for the budget. The calculation of the baseline amount iscarried out in accordance with the provisions of the Act on Free Legal Aid, Free Civic Counsellingand Legal Education. The limitation for determining the baseline amount is the annual maximumexpenditure limit indicated in the law (initially two-thirds of the basic salary of a district pros-ecutor at the first rank). However, research indicates that the government administration bodiesresponsible for determining the baseline amount have departed from these assumptions. Cur-rently, it is set at a much lower level and significantly deviates from the remuneration standardsenvisioned by the lawmakers, which were intended to ensure high-quality services by engagingattorneys and legal advisors.

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