Financial aspects of providing free legal aid and free civic counselling

Abstract

The article deals with the financial aspects related to the functioning of the system of free legal aid and free civic counselling in Poland. The tasks of providing free legal aid and free civic counselling are funded by district funds, which come from grants from the state budget. Those involved in organizing the free legal aid system increasingly report that it is underfunded. The basis for determining the grant is the so-called baseline amount. Analysis of determinants shaping the grant and baseline amounts was conducted using dogmatic-legal, statistical, and historicallegal methods. The research indicates that there are no statutory criteria for determining the amount of the baseline. The competence in this regard lies with the Minister of Justice, acting in agreement with the minister responsible for the budget. The calculation of the baseline amount is carried out in accordance with the provisions of the Act on Free Legal Aid, Free Civic Counselling
and Legal Education. The limitation for determining the baseline amount is the annual maximum expenditure limit indicated in the law (initially two-thirds of the basic salary of a district prosecutor at the first rank). However, research indicates that the government administration bodies responsible for determining the baseline amount have departed from these assumptions. Currently, it is set at a much lower level and significantly deviates from the remuneration standards envisioned by the lawmakers, which were intended to ensure high-quality services by engaging attorneys and legal advisors.