Formalised Access to Pre-jurisdictional Free Legal Aid.
Analysis based on Example of Ukraine, Poland, Great Britain and Sweden.
Summary
Swedish law is an example of a system with a rich legislative history in the area of free legal aid and contemporary solutions based on the model of legal aid with a “discount”. The choice of Ukraine was based on the fact that its regulations are very modern, elastic and put to the ultimate test of war. The United Kingdom was chosen as an example of a country with a common law system, where pre-litigation-free legal aid has its unique form based on grant financing.
In the summary of the book, the authors strive for presenting the proposal of a model of free pre-litigation legal aid for the polish legal system based on the experience of compared legal systems.
Excerpt
Table Of Contents
- Cover
- Title
- Copyright
- About the author
- About the book
- This eBook can be cited
- Table of Contents
- Preface
- Introduction
- Research methods
- Chapter I. Free pre-litigation legal aid – analysis from the perspective of international and European law
- 1.1. Preliminary remarks
- 1.2. United Nations system
- 1.3. Council of Europe system
- 1.4. European Union regulations
- 1.5. Summary
- Chapter II. Free pre-litigation legal aid – an analysis of examples of selected legal systems
- 2.1. Swedish solutions
- 2.1.1. Preliminary remarks
- 2.1.2. Historical development of the institution of legal aid in Sweden
- 2.1.3. Free legal aid under legal insurance
- 2.1.4. The institution of legal advice
- 2.1.5. The institution of legal aid
- 2.1.6. Bodies within the legal aid and legal advice system
- 2.1.7. Statistical approach
- 2.1.8. Conclusions
- 2.2. Ukrainian solutions
- 2.2.1. Preliminary remarks
- 2.2.2. Constitutional empowerment of the institution of free legal aid
- 2.2.3. Legal basis for the implementation of free pre-litigation legal aid
- 2.2.4. Bodies responsible for providing free legal aid
- 2.2.5. Statistics on the effectiveness of primary free legal aid
- 2.2.6. Conclusions
- 2.3. Solutions in the United Kingdom of Great Britain and Northern Ireland
- 2.3.1. Preliminary remarks
- 2.3.2. Evolution of citizens’ advice
- 2.3.3. Citizens’ advice – basic assumptions
- 2.3.4. Procedure for the provision of citizens’ advice
- 2.3.5. Organisation of citizens’ advice
- 2.3.6. Financing of citizens’ advice activities
- 2.3.7. Challenges for citizens’ advice
- 2.3.8. Statistical approach
- 2.3.9. Conclusions
- Chapter III. Polish solutions
- Preliminary remarks
- 3.1. Free pre-litigation legal aid – comments from the perspective of the Polish Constitution
- 3.2. Material scope of the concept of free pre-litigation legal aid
- 3.3. Subjective scope
- 3.4. Task organisation
- 3.5. Specific forms of providing free legal aid and free civic counselling
- 3.6. Funding of the free legal aid system
- 3.7. Problem of quality of provision of free legal aid and free civic counselling
- 3.8. Task implementation practice
- Conclusions
- Proposed models
- Summary
- Bibliography
- Series index
Bibliographic Information published by the Deutsche Nationalbibliothek
The Deutsche Nationalbibliothek lists this publication
in the Deutsche Nationalbibliografie; detailed bibliographic
data is available online at http://dnb.d-nb.de.
Library of Congress Cataloging-in-Publication Data
A CIP catalog record for this book has been applied for at the
Library of Congress.
This book was prepared in particular as part of the activity at the Interdisciplinary
Center for Research on Deradicalization of the Jan Długosz University in
Częstochowa.
The Publication is funded by Jan Dlugosz University in Czestochowa.
Cover illustration: Courtesy of Benjamin Ben Chaim.
ISSN 2191-3250
ISBN 978-3-631-90258-5 (Print)
E-ISBN 978-3-631-90830-3 (E-Book)
E-ISBN 978-3-631-90831-0 (E-PUB)
DOI 10.3726/b21166
© 2023 Peter Lang Group AG, Lausanne
Published by Peter Lang GmbH, Berlin, Deutschland
info@peterlang.com - www.peterlang.com
All rights reserved.
All parts of this publication are protected by copyright. Any
utilisation outside the strict limits of the copyright law, without
the permission of the publisher, is forbidden and liable to
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electronic retrieval systems.
This publication has been peer reviewed.
About the author
Bogusław Przywora is a professor at Jan Dlugosz University in Częstochowa. He serves as the Head of the Chair of Constitutional and Comparative Law at the Faculty of Law and Economics and is also the Director of the Centre for Foreign Laws at the university. His main fields of interest are constitutional law and comparative constitutional law.
Aleksander Wróbel, LL.M., works as an employee at the Chair of Civil Procedure at the Faculty of Law and Administration, Jagiellonian University. He is also the Coordinator of the School of Ukrainian Law at Jagiellonian University. His main fields of interest include civil procedural law and legal systems of Ukraine, Sweden, and the United Kingdom.
About the book
One of the constitutional obligations of states is the defence of human rights. Such state activities encompass providing free pre-litigation legal aid. In search for solutions allowing to improve Polish model, the authors employed a comparative method. As a result, they analysed solutions adopted in international law, Sweden, Ukraine, and the United Kingdom. Swedish law is an example of a system with a rich legislative history in the area of free legal aid and contemporary solutions based on the model of legal aid with a “discount”. The choice of Ukraine was based on the fact that its regulations are very modern, elastic and put to the ultimate test of war. The United Kingdom was chosen as an example of a country with a common law system, where pre-litigation-free legal aid has its unique form based on grant financing.
In the summary of the book, the authors strive for presenting the proposal of a model of free pre-litigation legal aid for the polish legal system based on the experience of compared legal systems.
This eBook can be cited
This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.
Contents
1.4. European Union regulations
Chapter II. Free pre-litigation legal aid – an analysis of examples of selected legal systems
2.1.2. Historical development of the institution of legal aid in Sweden
2.1.3. Free legal aid under legal insurance
2.1.4. The institution of legal advice
2.1.5. The institution of legal aid
2.1.6. Bodies within the legal aid and legal advice system
2.2.2. Constitutional empowerment of the institution of free legal aid
Details
- Pages
- 156
- Year
- 2023
- ISBN (PDF)
- 9783631908303
- ISBN (ePUB)
- 9783631908310
- ISBN (Hardcover)
- 9783631902585
- DOI
- 10.3726/b21166
- Language
- English
- Publication date
- 2023 (September)
- Keywords
- civic counselling primary legal aid citizens‘ advice legal advice comparative law free pre-litigation legal aid
- Published
- Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2023. 156 pp., 1 tables.
