Legal aid reform: increase payment structure for lawyers, appointment follows public call

Malta needs to develop and implement an effective and sustainable legal aid system that enables individuals to exercise and enjoy their human rights, aditus foundation and The Critical Institute have claimed.

In a report published today – Access to Legal Assistance in Malta: Mapping the Availability of Legal Assistance for the Protection of Fundamental Rights in Malta – aditus foundation argues that despite Malta’s relatively strong legal framework for the protection of fundamental rights, reporting of and acting on such violations remains quite low.

“Access to justice for all individuals is a fundamental human right and governments have the primary responsibility to protect and realise this right through publicly-funded legal aid,” the report reads.

“The difficulty of accessing high-quality legal advice by the poor, underprivileged and/or marginalised undermines the rule of law, liberty, fairness, dignity and development. In addition, the delivery of pro bono services by legal professionals is vital and would help to fulfil unmet needs and restore public confidence in judicial institutions.”

The report was launched this morning during a seminar featuring guest speakers from aditus foundation, the European Court of Human Rights and the Legal Aid Agency.

The aim of the report is to increase access to justice for vulnerable and marginalised groups through a stronger and more efficient legal aid system and through better awareness and enthusiasm for pro bono work amongst lawyers.

Aditus concluded that the payment structure for legal aid lawyers needs to be further increased or made on a case-by-case basis, depending on time spent or complexity of the case.

Furthermore, legal aid lawyers need to be appointed following a public call for applicants, and continued professional training provided once appointed.

“A complaints system needs to be in place, with the Legal Aid Agency having the power to investigate complaints,” the report says. “Finally, a specialised and gender-sensitive list for legal aid lawyers is also required.”

aditus foundation is an independent, voluntary & non-profit organisation (NGO) established by a group of lawyers with a mission to monitor, act & report on access to fundamental human rights in Malta. The Critical Institute is a non-profit organisation set up and run by academics and activist practitioners.