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Models of state participation in the provision of free legal aid

Author(s): Vadim Suhov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: free legal aid; state policy; access to justice; legal aid models; pro bono;

Summary/Abstract: The article examines the models of state participation in providing free legal aid, highlighting their role in ensuring access to justice and protecting citizens' fundamental rights. The author explores the historical evolution of free legal aid, from charitable and paternalistic models in antiquity and the Middle Ages to modern systems influenced by the welfare state concept.The central hypothesis is that free legal aid models vary depending on the historical, economic, and political context of each country. The objectives include identifying the main models of state participation, analyzing their impact on access to justice, and proposing solutions to improve existing systems.The author employs an interdisciplinary approach, combining analytical, historical-legal, comparative, empirical, and systematic methods. These methods allow for a comprehensive analysis of free legal aid models, highlighting the advantages and disadvantages of each.The study identifies four main models of free legal aid: liberal, corporatist, statist, and social-democratic. Each model has specific characteristics influenced by the degree of state involvement and the role of civil society organizations. Modern trends indicate a shift towards mixed models, which combine public funding with private sector and NGO involvement.The article emphasizes the importance of free legal aid as an essential element of social policy and the rule of law. Practical implications include the need to balance state control with the independence of legal organizations and to ensure sustainable funding. For the Republic of Moldova, the author recommends expanding collaboration with civil society and developing pro bono programs to improve the accessibility of legal services.

  • Issue Year: 2025
  • Issue No: 05
  • Page Range: 158-171
  • Page Count: 14
  • Language: Romanian
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