MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA mentation of legal provisions and assesses the quality of legal assistance provided. The State Commission on Legal Aid works under the Ministry of Justice and implements government policy for providing legal assistance to individuals, managing the public budget allocated for legal aid, establishing criteria for assessing the quality of service and cooperating with civil society organisations working in this field. In spite of these mechanisms, free legal aid remains largely inaccessible for stateless or undocumented people, because they cannot always provide the necessary documentation, especially proof of residence or income/economic assistance, to establish their eligibility to receive the legal aid. Furthermore, the system does not offer in practice legal aid for persons at risk of statelessness. According to the law, legal aid can be provided for civil registration matters but only those who can prove that they cannot afford to pay the costs and that they benefit from social assistance are eligible. As persons at risk of statelessness are not eligible for social welfare and invisible, they cannot benefit from the legal aid system. As a result, so far, legal aid on civil registration and nationality cases has been and continues to be provided by non-profit organisations. Finally, the State Legal Aid Commission lacks capacity and resources to respond effectively to the needs. Even the small number of persons who receive legal aid, face the real risk of not having effective representation. In fact, legal aid lawyers tend to lack competence and are paid poorly.68 It shall be noted here that, at the time of this report writing, there is an ongoing reform of the Law on Legal Aid. The new Law was approved by Parliament in December 2017, and shall enter into force on 1st June 2018.69 Among other legislative change, it notably abolishes the State Legal Aid Commission. Stateless persons who reside in the territory of the Republic of Albania for a temporary or permanent period and are provided with a residence permit in accordance with the legislation in force for aliens are officially eligible for legal aid guaranteed by the state. So too, stateless persons entering the territory of the Republic of Albania on a regular basis and benefiting from international agreements ratified by the Republic of Albania or based on the principle of reciprocity can also benefit from legal aid guaranteed by the State.70 Eligibility for benefiting secondary legal aid (representation by a lawyer) is by a court decision. On the other hand, the primary legal aid (legal counselling and support) will be provided by specially trained employees, non-profit organizations, or legal clinics at higher education institutions.71 68 See Euralius comments on the Future of the Legal Aid system in Albania, at: http://www.euralius.eu/index.php/en/news/211-abolishment-ofstate-commission-for-legal-aid 69 Law no. 111/2017 “For Legal Aid Guaranteed by the State”, available here: https://www.parlament.al/wp-content/uploads/2017/12/ligj-nr.-111dt.-14.12.2017.pdf 70 Article 10 of Law no. 111/2017 “For Legal Aid Guaranteed by the State”. 71 Article 13 of Law no. 111/2017 “For Legal Aid Guaranteed by the State”. UNHCR - TLAS / May 2018 61