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
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