Įstatymas skelbtas: ˇin republic of lithuania LAW ON State-guaranteed Legal Aid 28 March 2000 No VIII-1591 (As last amended on 16 April 2009 – No XI-223) Vilnius SECTION ONE GENERAL PROVISIONS Article

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of this Law shall be attested to by a property seizure act and/or other documents certifying the objective reasons for which a person cannot dispose of his property and funds as well as a copy of a resident’s (family’s) annual return of assets submitted to the local tax administrator.

1. The eligibility for secondary legal aid of the persons referred to in subparagraph 7 of Article 12 of this Law shall be attested to by a certificate issued by a health care institution and confirming that the person suffers from a serious mental disorder.
2. The eligibility for secondary legal aid of the persons referred to in subparagraph 8 of Article 12 of this Law shall be attested to by the documents confirming announcement of an auction at which the last housing of a debtor is to be sold.
3. The eligibility for secondary legal aid of the persons referred to in subparagraph 9 of Article 12 of this Law shall be attested to by the documents confirming initiation of proceedings regarding eviction of a family with minor children.
4. The eligibility for secondary legal aid of the persons referred to in subparagraph 10 of Article 12 of this Law shall be attested to by the documents confirming the age of these persons.
5. The eligibility for secondary legal aid of the persons referred to in subparagraph 11 of Article 12 of this Law shall be attested to by the documents confirming initiation of proceedings regarding recognition of a natural person as legally incapable.
6. The eligibility for secondary legal aid of the persons referred to in subparagraph 12 of Article 12 of this Law shall be attested to by a conclusion of a civil registration office regarding a refusal to register the birth or restore a birth record.
7. The eligibility for secondary legal aid of the persons referred to in subparagraph 13 of Article 12 of this Law shall be attested to by the documents specified in international treaties of the Republic of Lithuania.
8. A person wishing to receive secondary legal aid must furnish the documents referred to in paragraphs 1, 4 and 7 of this Article to a service only in the cases when the service is unable to obtain the information presented in this documents and attesting to the person’s eligibility for secondary legal aid by means of using state registers and other state and municipal information systems. Article
9. Costs of State-Guaranteed Legal Aid
10. The costs of primary legal aid shall comprise the costs related to legal information, legal advice and drafting of the documents to be submitted to state and municipal institutions, with the exception of procedural documents, as well as the costs related to advice on the out-of-court settlement of disputes and to actions for the amicable settlement of a dispute and drafting of a settlement agreement.
11. The costs of secondary legal aid shall comprise the costs from which the applicant shall be exempted, that is: the litigation costs incurred in civil proceedings, the costs incurred in administrative proceedings, the costs related to the hearing of a civil action brought in a criminal matter as provided for in Article 20 of this Law, the costs related to defence and representation in court (including the appeal and cassation proceedings, irrespective of the initiator) as well as the costs of the execution process, the costs related to the drafting of procedural documents and collection of evidence, interpretation, representation in the event of preliminary extrajudicial consideration of a dispute, where such a procedure has been laid down by laws or by a court decision.
12. The State shall guarantee and cover 100 per cent of the costs of primary legal aid.
13. The costs of secondary legal aid provided to the persons specified in subparagraph 1 of paragraph 2 of Article 11 of this Law, by taking account of a person’s property and income, shall be guaranteed and covered by the State as follows: 1) 100 per cent – where the first level is established to the person’s property and income; 2) 50 per cent – where the second level is established to the person’s property and income.
14. The State shall guarantee and cover 100 per cent of the costs of the secondary legal aid provided to the persons specified in Article 12 of this Law, regardless of a person’s property and income, with the exception of the persons

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of this Law, where the property and income which they can freely dispose of are assigned to the second level of a person’s property and income. The State shall guarantee and cover 50 per cent of the costs of the secondary legal aid provided to the persons

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of this Law, where the property and income which they can freely dispose of are assigned to the second level of a person’s property and income.

1. The costs of State-guaranteed legal aid shall also cover the costs of interpretation of communication between the lawyer and the applicant where, in the cases provided for in international treaties of the Republic of Lithuania, it is impossible to ensure that a person providing State-guaranteed legal aid communicates with the applicant in the language which the latter understands.
2. The costs of State-guaranteed legal aid shall not cover the costs which the court awards to the party for which the decision has been rendered from the losing party as well as the costs incurred by the debtor in the execution process.
3. The lawyers providing secondary legal aid in administrative and civil matters must apply to a service for calculation of the amount of costs of secondary legal aid and furnish this calculation to a court in accordance with the procedure laid down by the legal acts regulating administrative and civil proceedings.‑{}‑ SECTION FOUR PROVISION OF PRIMARY LEGAL AID Article
4. Procedure for Providing Primary Legal Aid
5. The persons wishing to receive primary legal aid shall have the right to apply to the executive institution of a municipality according to the declared place of residence or, where a person has no place of residence, to the executive institution of a municipality where the person is resident. The persons who serve the imprisonment sentence or those placed in pre-trial detention shall have the right to apply to a municipality’s executive institution according to the location of the imprisonment institution.
6. Primary legal aid must be provided immediately upon the application of a person to the executive institution of a municipality. Where immediate provision of primary legal aid is not possible, the applicant shall be notified of the time of an appointment, which must take place not later than 5 days from the day of application.
7. Primary legal aid shall be provided by civil servants of the municipality administration, where the job descriptions of their positions establish the functions of a legal nature, the employees working under the employment contracts which provide for the official functions of the legal nature and receiving remuneration for work from the municipal budget (hereinafter referred to as “municipal servants”) or lawyers (professional partnerships of lawyers) or the public agencies with which municipalities have concluded an agreement. Municipal institutions shall, by taking account of the quality, efficiency and economy of primary legal aid, select a specific way of the provision of primary legal aid.
8. The duration of primary legal aid shall not exceed one hour. The duration of primary legal aid may be extended by a decision of the executive institution of a municipality or a person authorised by it.
9. A person may apply for primary legal aid on the same issue only once.
10. The persons providing primary legal aid must look for possibilities and help the applicants to amicably settle disputes.
11. Where, in the course of the provision of primary legal aid, it transpires that the applicant will require secondary legal aid, the person providing primary legal aid shall help the applicant to draft or shall draft an application for the provision of secondary legal aid. The person providing primary legal aid shall take these actions only upon the fulfilment of a duty referred to in paragraph 6 of this Article.
12. Where an applicant applies with regards to action or omission by the agency of a municipality a servant of which provides primary legal aid, the municipal servant shall inform the applicant of a potential conflict of interests. The municipal servant shall provide primary legal aid subject to the consent of the applicant. Where the applicant disagrees to the provision of primary legal aid by the municipal servant, the latter shall suggest that he addresses a lawyer (professional partnership of lawyers) or a public agency with which the municipality has concluded an agreement or that he addresses the service. Where in this case the applicant addresses the service, the latter shall organise the provision of primary legal aid by concluding agreements with lawyers or with public agencies.
13. The entities providing primary legal aid shall keep records thereof by indicating the names, surnames, personal identification numbers, place of residents of applicants, the issue with regards to which primary legal aid has been provided and duration of the provision of primary legal aid. Where a person has addressed the executive institution of a municipality orally, he must sign in a primary legal aid record book. Article
14. Legal Aid Provided by Public Establishments
15. Where, in the case provided for in paragraph 8 of Article 15 of this Law, the provision of primary legal aid is organised by the services, the public agencies which have concluded agreements with a municipality or the service shall have the right to provide primary legal aid under this Law.
16. The public agencies engaged in the provision of primary legal aid shall have the right to provide law students with a possibility of legal internship.
17. Under this Law, non-residential premises and other state and municipal property may be transferred to the public agencies providing primary legal aid for temporary use on the basis of loan for use contracts. SECTION FIVE PROVISION OF SECONDARY LEGAL AID Article
18. Procedure for Selecting and the Fees of the Lawyers Providing Secondary Legal Aid
19. The services shall select lawyers for the provision of secondary legal aid on the basis of competition and conclude agreements with them. The competition regulations shall be approved by the Minister of Justice upon agreement with the Lithuanian Bar.
20. With a view to ensuring the continuity of the provision of secondary legal aid, separate agreements shall be concluded: 1) with the lawyers who continuously provide secondary legal aid only to the persons eligible for it; 2) with the lawyers who provide secondary legal aid in case of necessity.
21. The services shall, according to paragraph 2 of this Article, draw up two separate lists of the lawyers providing secondary legal aid. The lists must specify in which areas of law lawyers provide secondary legal aid. The lists shall be submitted to the Lithuanian Bar.
22. Unless an agreement on the provision of secondary legal aid provides otherwise, the services shall ensure that the lawyers referred to in subparagraph 1 of paragraph 2 of this Article are provided with a workplace in the premises which must be located in or as closely as possible to registered offices of the services and shall provide conditions for the use of other property necessary for the provision of secondary legal aid.
23. Lawyers shall be paid fees for the provision of secondary legal aid and furnishing of a conclusion referred to in paragraph 9 of Article 11 of this Law. The amount thereof and rules of payment shall be established by the Government. The rate of the lawyers’ fees must be established in such a way as to promote an amicable settlement of disputes and to ensure the efficient and economical utilisation of the state budget funds allocated for State-guaranteed legal aid. A fee paid to the lawyers referred to in subparagraph 1 of paragraph 2 of this Article for the provision of secondary legal aid shall be fixed regardless of the amount of the secondary legal aid provided. The lawyers referred to in subparagraph 2 of paragraph 2 of this Article shall be paid a fee of the established rate for the provision of secondary legal aid in each case by taking account of the complexity of a case (the category of the instant case, stage of the proceedings, etc.).
24. The lawyers providing secondary legal aid shall collect and accumulate data about the secondary legal aid provided (being provided) in accordance with the procedure laid down by the Minister of Justice. The information technologies comprising the information system of State-guaranteed legal aid may be used for the collection, accumulation and transmission of the data. The regulations of this system shall be approved by the Minister of Justice. In collecting, accumulating and transmitting data about the secondary legal aid provided (being provided), protection of a lawyer’s professional secret must be ensured. Article
25. Procedure for Providing Secondary Legal Aid
26. A person wishing to receive secondary legal aid shall submit to the service an application, the documents substantiating his request and the documents attesting to his eligibility for secondary legal aid. The particulars and form of an application for the provision of secondary legal aid shall be approved by the Minister of Justice. An application and the documents attesting to the eligibility for secondary legal aid may be submitted either in person or by post.
27. A decision on the provision of secondary legal aid shall be taken by the service. The decision on the provision of secondary legal aid shall be taken immediately upon a person’s application. Where the decision cannot be taken immediately, it shall be taken not later than within 3 working days of the receipt of the documents referred to in paragraph 1 of this Article, a lawyer’s conclusion referred to in paragraph 9 of Article 11 or the information referred to in paragraph 13 of this Article. The service shall immediately give written notice to the applicant of the decision taken. Decisions of the service may be appealed against in accordance with the procedure laid down in the Republic of Lithuania Law on Administrative Proceedings.
28. A decision on the provision of secondary legal aid in a matter wherein a service’s decision on secondary legal aid is disputed shall be taken by another service in accordance with the procedure laid down by the Minister of Justice.
29. A decision on the provision of secondary legal aid must specify: 1) date and place of the taking of the decision; 2) name and surname of the person who took the decision; 3) the name of the authority which took the decision; 4) name and surname of an applicant; 5) contents of legal aid – the type of the legal aid applied for; 6) the basis for the provision or for the refusal to provide secondary legal aid; 7) the level established to the person’s property and income, where secondary legal aid is provided to the applicants referred to in subparagraph 1 of paragraph 2 of Article 11 and in subparagraph 6 of Article 12 of this Law; 8) the part of the costs of secondary legal aid to be guaranteed and covered by the State; 9) the name, surname, address, telephone number and reception hours of a lawyer assigned to provide secondary legal aid, where the decision is taken on the provision of secondary legal aid; 10) the procedure for and time limit of appealing against the decision; 11) other information which is significant in the opinion of the service.
30. When selecting a lawyer, the service shall take into account an applicant’s proposal regarding the specific lawyer, the place of residence of the applicant, the place of employment of the lawyer, the workload of the lawyer and other circumstances significant for the provision of secondary legal aid.
31. A decision on the provision of secondary legal aid shall be an assignment for a lawyer to provide secondary legal aid and a document attesting to his powers.
32. At all pre-trial (non-trial) and trial stages of a matter, secondary legal aid shall be normally provided by one (the same) lawyer. A lawyer providing secondary legal aid may be replaced upon a written reasoned request of an applicant or the lawyer himself in the event of establishment of a conflict of interests or of other circumstances due to which the lawyer providing secondary legal aid cannot provide legal aid in the instant case. A decision on the replacement of the lawyer providing secondary legal aid shall be taken by the service.
33. Where secondary legal aid is provided for a time period longer than one year, the services shall annually, following the year after the taking of a decision on the provision of secondary legal aid, verify the eligibility of a person for secondary legal aid on the basis of a new resident’s (family’s) return of assets with a stamp of the local tax administrator confirming the submission of the return and having regard to the conditions set out by this Law.
34. At least one month prior to the end of the year following the taking of a decision on the provision of secondary legal aid, the lawyers providing secondary legal aid must notify an applicant of the obligation to declare his property and income if he wishes to continue receiving secondary legal aid. Where the provision of secondary legal aid is continued, a lawyer must furnish these statements annually at least one month prior to the end of the year.
35. In the cases provided for in international treaties of the Republic of Lithuania, the lawyers providing secondary legal aid must communicate with applicants in the language the latter understand, and, where this is impossible, interpretation of their communication must be ensured.
36. Where the level of an applicant’s property and income changes, the service shall establish another part of the costs of secondary legal aid to be guaranteed and covered by the State.
37. Where the financial situation of an applicant

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of this Law changes so that his property and income or the property and income which he can freely dispose of do not correspond to the previously established level of a person’s property and income, but correspond to another level of a person’s assets and income, the applicant must immediately notify thereof the service by submitting a new resident’s (family’

1. s)annual return of assets with a stamp of the local tax administrator confirming the submission of the return. In this case, the service shall establish another part of the costs of secondary legal aid to be guaranteed and covered by the State. 13. The service shall have the right to obtain, in accordance with the procedure laid down by laws of the Republic of Lithuania, from state and municipal institutions, state registers, other natural or legal persons the information available to them and required to determine the eligibility of a person to receive secondary legal aid or the accuracy of the data presented in applicants’ applications and the documents enclosed therewith. These institutions and persons must furnish the requested information to the service not later than within 7 days from the receipt of the application. Article 19. Peculiarities of the Provision of Secondary Legal Aid by Covering 50 per cent of Costs 1. An application for the provision of secondary legal aid must contain the applicant’s consent to cover the costs of secondary legal aid, where the second level is established to his property and income. Where the application is filled in with the help of or by the persons providing State-guaranteed legal aid, the duty to cover 50 per cent of the costs of secondary legal aid in accordance with the procedure laid down by this Law must be explained to the applicant, and he shall be familiarised with the possible preliminary amount of the costs accounted according to the amounts of the fees paid to lawyers for the provision of secondary legal aid when necessary as specified by the Government. 2. Where 50 per cent of the costs of secondary legal aid are covered, an applicant shall pay the remaining 50 per cent of the costs of secondary legal aid related to defence and representation in court upon the receipt of a notification of a service. In the notification to the applicant, the service shall indicate the payable amount of the costs of secondary legal aid, the account to which he must transfer the amount and the time limit for the payment. 3. An applicant shall cover the costs referred to in paragraph 2 of this Article within a time limit indicated by a service, but not later than within 30 days of the receipt of a notification. Where he fails to pay the costs indicated in paragraph 2 of this Article, they shall be recovered in accordance with the procedure laid down by laws. 4. Where 50 per cent of the costs of secondary legal aid are covered, an applicant shall pay 50 per cent of other litigation costs (costs of the proceedings) in compliance with the time limits and procedure laid down by procedural laws. Article 20. Exemption from the Stamp Duty and Other Litigation Costs (Costs of the Proceedings and Procedural Costs) and Coverage Thereof 1. In civil and administrative proceedings as well as when hearing the civil actions brought in criminal cases, the persons eligible for secondary legal aid shall, according to paragraph 4 of Article 14 of this Law, be exempt from the stamp duty and other litigation costs (with the exception of the litigation costs referred to in subparagraphs 6-8 of paragraph 1 of Article 88 of the Code of Civil Procedure), the costs of the proceedings and procedural costs in the case provided for in paragraph 2 of Article 104 of the Code of Criminal Procedure. 2. Where the physical presence of an applicant is required by the law or by the court, the travel costs to be borne by an applicant shall be borne by the services from the state budget finds allocated for that purpose. 3. An applicant shall submit to the court a decision taken by the service on the provision of secondary legal aid. 4. The provision of secondary legal aid shall not divest an applicant of the right to make use of the privileges of coverage and/or reimbursement of the litigation costs or of the costs of the proceedings as established in the laws on civil and administrative proceedings. Article 21. Peculiarities of the Provision of Secondary Legal Aid in Criminal Matters 1. Where the physical presence of a defence lawyer in hearing criminal matters is required by Article 51 of the Code of Criminal Procedure and in other cases specified by laws when the presence of the defence lawyer is mandatory, a pre-trial investigation officer, prosecutor or the court shall notify a service or the co-ordinator indicated by it that a suspect, accused or convict requires the defence lawyer. 2. Upon the receipt of a notification referred to in paragraph 1 of this Article, a service or the co-ordinator indicated by it must immediately select a lawyer to provide secondary legal aid and notify thereof a pre-trial investigation officer, prosecutor or the court. Where a suspect, accused or convict was already provided secondary legal aid at an earlier stage of a matter wherein selection of a defence lawyer is requested, a lawyer who provided secondary legal aid to this suspect, accused or convict shall be normally selected as the defence lawyer. 3. On rest days and public holidays as well as outside the working hours of a service, a lawyer for the provision of secondary legal aid shall be appointed by a pre-trial investigation officer, prosecutor or a court on the basis of the duty lists of the lawyers providing secondary legal aid in criminal matters as compiled by the service. 4. The service shall pay fees to the lawyers referred to in paragraphs 2 and 3 of this Article in accordance with the procedure laid down in Article 17 of this Law. 5. The lawyer appointed by a pre-trial investigation officer, prosecutor or the court shall notify a service of the provision of secondary legal aid and furnish to the service a copy of the decision of the pre-trial investigation officer, prosecutor or the court to appoint the lawyer. 6. Where a defence lawyer is requested by a suspect, accused or convict and the presence of the defence lawyer is not necessary or mandatory in other cases provided for by laws, a decision on the provision of secondary legal aid shall be adopted by a service in accordance with the procedure laid down by Article 18 of this Law. 7. A representative of a legal person subject to criminal liability under paragraph 3 of Article 388 of the Code of Criminal Procedure may also be a lawyer providing secondary legal aid, with the provisions of this Chapter regulating the provision of secondary legal aid applied mutatis mutandis. Article 22. Repealed on 1 January 2009. Article 23. Termination of the Provision of Secondary Legal Aid 1. The provision of secondary legal aid shall be terminated where: 1) it transpires that a person receiving secondary legal aid is not eligible for secondary legal aid; 2) the person has deliberately submitted inaccurate information on the merits of a dispute or a case, his property or income; 3) the circumstances on the basis of which the person has been assigned to the persons referred to in paragraph 2 of Article 11 of this Law undergo a change; 4) the level of the person’s property and income changes, and the person is divested of the right to receive secondary legal aid under this Law, including the case referred to in paragraph 6 of Article 12 of this Law; 5) an applicant fails to present a resident’s (family’
2. s)annual return of assets with a stamp of the local tax administrator confirming the submission of the return within the time limit laid down by this Law, where secondary legal aid is provided for a period longer than one year; 6) an applicant abuses State-guaranteed legal aid, his substantive or procedural rights or demands that a lawyer exercises and defends the rights in an unacceptable manner; 7) following a change in the circumstances, it is established that the possible costs of secondary legal aid would significantly exceed the amount of property claims (property interest) of the applicant or that the non-pecuniary claim of the applicant lacks merit or that he is capable of independently exercising or defending his rights or the interests protected under law without the assistance of a lawyer; 8) an applicant submits an application for the termination of the provision of secondary legal aid; 9) representation in a case has no reasonable prospects of success; 10) a person receiving secondary legal aid does no longer co-operate with a service or a lawyer providing secondary legal aid; 11) an applicant to whose property and income the second level is established does not agree to pay 50 per cent of the costs of secondary legal aid; 12) an applicant dies. 2. A lawyer providing secondary legal aid must immediately notify the service or a pre-trial investigation officer, prosecutor or the court (where the physical presence of a defence lawyer is required by Article 51 of the Code of Criminal Procedure) of the circumstances referred to in paragraph 1 of this Article which have transpired and which are the basis for consideration of the termination of secondary legal aid. In the event of a failure to fulfil this duty, the lawyer’s fees for the provision of secondary legal aid may be reduced or withheld, and the lawyer must reimburse the losses incurred due to nonfeasance or misfeasance of the duty referred to in this paragraph. 3. A decision on the termination of the provision of secondary legal aid shall be taken by the service. Where 50 per cent of the costs of secondary legal aid were covered, the decision on the termination of the provision of secondary legal aid shall specify the payable amount of the costs of secondary legal aid, the account to which the amount must be transferred and the time limit for the payment. The amount must be paid with the time limit laid down in paragraph 3 of Article 19. A decision of the service on the termination of the provision of secondary legal aid may be appealed against in accordance with the procedure laid down by laws. 4. A person receiving secondary legal aid and the lawyer providing such aid must immediately submit to the court a decision taken by the service on the termination of the provision of secondary legal aid or on changing of the costs of State-guaranteed legal aid where a different level is established to the person’s property and income. The persons who fail to fulfil this duty must cover the losses incurred due to nonfeasance or misfeasance thereof. Article 24. Recovery and Refund of the Costs of Secondary Legal Aid 1. Where the provision of secondary legal has been terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of Article 23 of this Law, the costs of such aid shall be recovered from the person to whom it has been provided in accordance with procedure laid down by the law. 2. Where secondary legal aid is provided to the persons eligible for the litigation costs (costs of the proceedings) insurance benefits, which, according to the conditions of an insurance contract, are paid after the incurrence of the costs, the costs of the secondary legal aid which has been provided must be refunded to the state budget within one month of the payment of an insurance benefit in accordance with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they shall be recovered in accordance with the procedure laid down by the law. 3. Where secondary legal aid has been provided to a person

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of this Law and where the circumstances on the basis of which he has been assigned to the persons referred to in the said subparagraph change, but the person cannot be assigned to the persons referred to in subparagraph 1 of paragraph 2 of Article 11 of this Law, such a person must refund the costs of the secondary legal aid which has been provided to the state budget within the time limit laid down by the service. Where the person fails to refund the costs, they shall be recovered in accordance with the procedure laid down by the law.

1. Where 50 per cent of the costs of secondary legal aid are covered, and an applicant fails to fulfil the duty of paying 50 per cent of the costs of the proceedings in the case of civil proceedings or 50 per cent of the costs related to administrative proceedings within the time limits and in accordance with the procedures laid down in procedural laws, which results in the termination of the civil or administrative proceedings without the court taking a decision on the merits of the case, the applicant must refund the costs of provided secondary legal aid to the state budget within the time limits laid down by the service.
2. In the case indicated in paragraph 7 of Article 21 of this Law, the costs relating to representation of a legal person subject to criminal liability shall be recovered to the state budget from the legal person represented in accordance with the procedure laid down by laws.
3. Where the costs of secondary legal aid must be recovered, the State shall be represented by the service. SECTION SIX PECULIARITIES OF THE PROVISION OF STATE-GUARANTEED LEGAL AID IN CROSS-BORDER DISPUTES Article
4. Scope of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes
5. The provisions of this Chapter shall be applied to the provision of State-guaranteed legal aid in cross-border disputes in civil and commercial matters whatever the nature of the court. The provisions of this Chapter shall not extend to revenue, customs or administrative matters.
6. State-guaranteed legal aid shall also be provided in compliance with this Chapter with regards to the enforcement of authentic instruments.
7. The provisions of this Law shall be applied to the provision of State-guaranteed legal aid in cross-border disputes unless otherwise established in this Chapter. Article
8. Peculiarities of the Establishment of Eligibility for State-Guaranteed Legal Aid of Citizens of Other Member States of the European Union and of the Natural Persons Lawfully Residing in Other Member State of the European Union Where the property and income of the natural persons lawfully residing in other Member States of the European Union exceed the property and income levels set by the Government of the Republic of Lithuania for the provision of State-guaranteed legal aid under this Law, but they indicate it is impossible for them to bear the costs of the proceedings, the service must establish whether an applicant is able to bear the costs of the proceedings by taking account of the subsistence costs of his domicile or the place where he is habitually resident in another Member State of the European Union and shall have the right to take a decision on the provision of secondary legal aid. Article
9. Competent Authority
10. The Ministry of Justice of the Republic of Lithuania shall be the institution of the Lithuanian Republic (hereinafter referred to as “the receiving authority”) authorised to receive applications for the provision of State-guaranteed legal aid in cross-border disputes (hereinafter referred to as “an application for legal aid”) from the competent authorities of the Member States of the European Union.
11. The Ministry of Justice of the Republic of Lithuania shall be the institution of the Lithuanian Republic (hereinafter referred to as “the transmitting authority”) authorised to transmit applications for the provision of State-guaranteed legal aid to the competent authorities of other Member States of the European Union.
12. The Ministry of Justice of the Republic of Lithuania shall submit to the Commission of the European Communities the information needed for the implementation of the European Union legal acts specified in the Annex to this Law. Article
13. Peculiarities of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes Where the Ministry of Justice of the Republic of Lithuania is the Receiving Authority
14. An applicant shall have the right to submit an application for legal aid either to the competent authority of the Member State of the European Union in which the applicant is domiciled or habitually resident or directly to the Ministry of Justice of the Republic of Lithuania, where the court is to sit in the Republic of Lithuania or where the decision is to be enforced in the Republic of Lithuania.
15. An application for legal aid and the documents attesting to a person’s eligibility for State-guaranteed legal aid submitted to the receiving authority must be translated into the Lithuanian language or another language which the Republic of Lithuania has indicated it can accept to the Commission of the European Communities. These documents shall be exempt from legalisation and any equal formality.
16. Upon the receipt of an application for legal aid from the competent authority of another Member State of the European Union, the Ministry of Justice of the Republic of Lithuania must, within 30 days of the receipt of the application and all the necessary documents, examine it and take a decision on the transmission of the application to the appropriate executive institution of a municipality or to the service. The Ministry of Justice of the Republic of Lithuania shall have the right to refuse to transmit the application where not all the documents referred to in this Law have been submitted. Upon the taking of a decision to refuse to transmit the application, the Ministry of Justice of the Republic of Lithuania shall immediately notify the applicant thereof.
17. The executive institution of a municipality or the service must notify the applicant of a decision taken on the provision of State-guaranteed legal aid. Where an application for legal aid is rejected, the reasons for such a decision must be specified. The decision on the rejection of the application may be appealed against in accordance with the procedure laid down by laws of the Republic of Lithuania. Article
18. Peculiarities of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes Where the Ministry of Justice of the Republic of Lithuania is the Transmitting Institution
19. Where the court is sitting in another Member State of the European Union or the decision is to be enforced in another Member State of the European Union, the applicant who is domiciled in the Republic of Lithuania or who is habitually resident in the Republic of Lithuania shall have the right to submit an application for legal aid and the documents attesting to the person’s eligibility for legal aid either directly to the competent authority of the Member State of the European Union concerned or through the transmitting authority – the Ministry of Justice of the Republic of Lithuania.
20. The documents referred to in paragraph 1 of this Article shall be translated into the official language or one of the official languages of another Member State of the European Union which corresponds to one of the languages of the Community institutions or into another language which that Member State of the European Union has indicated it can accept to the Commission of the European Communities.
21. The Ministry of Justice of the Republic of Lithuania shall have the right to refuse to transfer an application for legal aid where the application is manifestly unfounded or is outside the scope of the present Chapter. Where the Ministry of Justice of the Republic of Lithuania takes a decision to refuse to transmit an application for legal aid, the reasons for the refusal must be specified to the applicant. The decision may be appealed against in accordance with the procedure laid down by laws of the Republic of Lithuania.
22. The Ministry of Justice of the Republic of Lithuania must notify the applicant of the documents which are required to enable an application for legal aid to be determined in another Member State of the European Union and shall ensure translation of the application and of the documents attesting to the person’s eligibility for legal aid according to subparagraph 2 of paragraph 2 of Article 31 of this Law. The Ministry of Justice of the Republic of Lithuania must transmit the application for legal aid and the documents attesting to the person’s eligibility for legal aid to the competent authority of another Member State of the European Union within 15 days of the receipt of translations of the application and of the documents attesting to the person’s eligibility for legal aid into one of the languages referred to in paragraph 2 of this Article.
23. The Ministry of Justice of the Republic of Lithuania shall carry out the actions referred to in this Article free of charge. Where the competent authority of another Member State of the European Union rejects an application for legal aid, the applicant must repay the costs of translation of the application and of the documents attesting to the person’s eligibility for legal aid borne by the Ministry of Justice of the Republic of Lithuania. Article
24. Application Forms The applications referred to in Articles 28 and 29 of this Law shall be submitted and transmitted in compliance with the form established by the Commission of the European Communities. Article
25. Costs of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes
26. In the event of a cross-border dispute, the costs of State-guaranteed legal aid shall, in addition to the costs referred to in Article 14 of this Law, include: 1) the costs of interpretation; 2) the costs of translation of the procedural documents as required by the court or by another competent authority and presented by the applicant which are necessary for the resolution of the case; 3) travel costs to be borne by the applicant where the physical presence of the persons concerned with the presentation of the applicant’s case is required in court by the law or by the court of the Republic of Lithuania and the court decides that the persons concerned cannot be heard to the satisfaction of the court by any other means.
27. Where the applicant is domiciled or habitually resident in the Republic of Lithuania, the costs of State-guaranteed legal aid shall, in the event of a cross-border dispute, cover the following costs: 1) the costs of the legal aid which has been provided in the Republic of Lithuania until the application for legal aid has been received in another Member State of the European Union where the court is sitting or where enforcement is sought; 2) the costs relating to the translation of the application for legal aid and of the documents attesting to the person’s eligibility for legal aid. Article
28. Continuity of the Provision of State-Guaranteed Legal Aid An applicant who received legal aid in another Member State of the European Union in which the court was sitting shall have the right to receive State-guaranteed legal aid provided for by this Law, where recognition or enforcement is sought in the Republic of Lithuania. SECTION SEVEN FINAL PROVISIONS Article
29. Financing of State-Guaranteed Legal Aid
30. Primary and secondary legal aid shall be financed from the state budget.
31. Funds for primary legal aid shall be allocated to municipalities as a special targeted grant for the performance of a state (delegated to municipalities) function.
32. Budget funds for the provision of State-guaranteed legal aid, with the exception of a special targeted grant referred to in paragraph 2 of this Article, shall be allocated to the Ministry of Justice. Article
33. Treaties of the Republic of Lithuania on Legal Aid Where an effective ratified treaty of the Republic of Lithuania establishes other norms than those provided for in this Law, the provisions of the treaty of the Republic of Lithuania shall be applied, with the exception of the cases when the provisions of this Law implementing European Union legal acts are applied to relations with other Member States of the European Union. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS Annex to the Republic of Lithuania Law on State-guaranteed Legal Aid IMPLEMENTED EU LEGAL ACTS Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes.