The Georgian Young Lawyers' Association (GYLA) responds to the bill submitted to Parliament on amendments to the Law of Georgia "On Legal Aid," which Parliament supported in the second reading on February 18.

According to GYLA's assessment, the proposed changes significantly damage the institutional independence of the Legal Aid Service and increase the risk of political influence on it.

Furthermore, according to GYLA's statement, legal aid is placed under government control, where it will enjoy only limited independence and internal autonomy.

"The proposed changes significantly damage the institutional independence of the Legal Aid Service and increase the risk of political influence on it. On the one hand, the bill threatens the Service's ability to provide quality and impartial legal aid, while on the other hand, it contradicts the logic of free legal aid and the principles of lawyers' professional freedom and self-governance. In addition, the explanatory note to the bill does not explain the need for these changes. The explanatory note says nothing about why the current model is flawed and why executive control would make the Service's activities more effective.

Whereas under the current version the Legal Aid Service was accountable to Parliament, now it will be subordinated to the Prime Minister. Accordingly, the Law on Public Law Legal Entities will fully apply to it. Consequently, the Service's Director will submit reports not to the Parliament of Georgia but to the Prime Minister. The Prime Minister will personally appoint and dismiss the Director of the Service and unilaterally approve the strategy. Despite the initiated version still emphasizing the Service's independence, subordinating the Legal Aid Service to the executive branch contradicts the general logic of legal aid and the principles of exercising the right to defense, because in many cases the legal services provided to citizens concern disputes with state institutions, and placing both sides of the dispute under the same branch of government contradicts the logic of protecting the individual. As a result, placing the Service under the Prime Minister negatively affects its independence and the objective and impartial performance of its activities," - the GYLA statement reads.

"Given that Legal Aid Bureaus provide citizens with legal services, including direct advocacy services, it is necessary to consider the legal aid system in relation to the principles of advocacy activity. It is a significant step backward to grant the authority to determine the criteria for recipients of aid to a Director appointed by the Prime Minister. In conditions of lack of institutional independence, determining such criteria can also turn into a mechanism of political control. The Legal Aid Service is an important institution in terms of realizing the right to defense in the country. With the proposed changes, weakening the institutional guarantees of the Service affects citizens' right to independent and quality legal services, especially when, in conditions of a repressive legislative climate, civil society organizations are increasingly unable to provide free legal aid to citizens with limited resources," - the GYLA statement notes.

For information: The Legal Aid Service, which under the current law is independent in its activities, is not subordinated to any state body and is accountable only to Parliament, becomes an entity accountable to the Prime Minister.

Instead of submitting the annual report to Parliament, the head of the Service will submit it to the Prime Minister. In addition, the Prime Minister is granted the authority to appoint and dismiss the Director of the Service.

According to the bill submitted to Parliament, the Legal Aid Council will be composed of 7 members instead of 9. Of these, 2 members will be the Chairpersons of the Parliament's Legal Issues Committee and the Human Rights Protection and Civil Integration Committee, 1 - the Secretary of the High Council of Justice, 1 - the Prosecutor General, 1 - the Head of the Government Administration, 1 - the Public Defender, and 1 - the Chairperson of the Bar Association. The term of office of the Council members is determined by the period of their tenure in the respective positions.