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66 Jftmisz Jankwski

(similurly as this body has bccn licenscd to perform activiucs associated with eost cxcmplion, as mentioncd earlier).

The issuc of lega! aid is also strictly rełated to the problem of obligatory assistance of altomcy or legał counsel. This obligation rneans ihat a party must bc represented by an attorocy or a legał counsel in certain litigation activitics sińce the participation of the party alonc in these activitics would have no legał eflect. This cntails incrcased costs of procccdings but the obligation is intendod to ensure an adcquatc faclual level of probierni submitted to the Supremę Court for judgement. In accordance with the recently amended rcgulations (Art. 87' of the C.C.P.) in procccdings befort the Supremę Court the representation of the partics by altorncys or legał counscls is obligatory. It mcans that, for examplc, a cassation appcal mus bc drawn up and lodgcd by an cxpcrt agent. The describcd obligation do© not hołd for partics having dccp legał knowlcdgc, c.g. judges. attoroeys, notarics and prosccutors as wcłl as professors of legał Sciences.

As far as legał aid is conccrncd. preparatory works are underway to mtroducc the target system of providing legał aid to the poor frcc of charge. The draft act of March 2005 on aocess to unpaid legał aid granted by the State to natural persons.¹¹ prepared by the Minislry of Justicc w» sent. among others, to the Ombudsman, the National Council of Judicature, the Supremę Court. the Administrativc Supremę Court, the General Bu Council. the National Council of Legał Counscls and non-govcrnmc« organizations acting for acccss to legał information and aid for citizcns, fot consultation and opinion. The draft assumed that the ncw system would be launched on May 30. 2006, whiłc the whole system would start working u from the beginning of 2009. Howevcr, the draft dsd not lead to adopiion of the act in the 4* term of the Połish Parliament (the Sc>m) (2001-2005) and. as the term is finished. it may bc resumed by tbe Scym of 5* term.

In tbe arca of fadlitating acccss to justicc in cross-bordcr cascs. in tura. the Act of Decem ber 17. 2004 on right to aid in dvil cascs conducted is the Member States of the European Union¹¹ is applicablc. The Act is tbe implemcniation of Counal Directive 2003/8/EC of 27 January 2003 » improvc acccss to justicc in cross-bordcr disputes by establishing minimia common rules relating to legał aid for such disputes,¹⁴ which obligated tbe Member States to do it by Novcmbcr 30, 2004. (Member States shall bring into forcc the lawa, rcgulations and admimstralivc provisions ncecssary to comply with this Directivc no latcr than 30 Novembcr 2004). The Aa spccifies the principlcs, conditions and manner of providing right to legi

“ Sejm Uocuiacnt No. J838.

^u J of 1_ 2005. No. 10. i tan 67. Tb* \a bcctme cflcaitc oo Fcbnuiy I, 2005. ^M OJ. L.200 V 2641.

aid in civil cascs which arc to be mitiatcd or arc conductcd in Poiand to natural persons having thcir płace of permanent rcsidcnce or ordinary rcsidcncc in another Member State of the Europcan Union, and the prin-aplcs, conditions and manner of provuling right to legał aid in cml cascs which arc to bc initiated or arc conductcd in another Member Stale of the Europcan Union to oaturai persons having thcir place of permanent rcsidcnce or ordinary rcsidcncc the Rcpublic of Poiand.

If an applicant having the place of permanent rcsidcncc or ordinary rcsdence in another Member State appiics for the right to aid in procccdings which arc to be initiated or arc conductcd in Poiand. this right shall ioelude: cxcmption from court costs, appointmcnt of attorncy or legał counsel if pos&ible. speaking a languagc known to the applicant - in order to providc such person with legał aid, and notabiy give the applicant ncccssary legał advice and represent him/her bcforc the court, as wcll as paymcnl by the State Treasury of the applicant'* ncccssary travclłing costs associated with his/ber court-ordcrcd persona! appearancc if the applicant cannot bc hcard othcrwisc.

The right to aid may bc fuli or partia!. The fuli right to aid includes complcte caemption from court costs, appointmcnt of attorncy or legał counsel and covering of ncccssary cxpenscs. The right to aid may bc granted to the applicant at his/her rcqucst lodgcd bcforc the initiation of procccdings or in the course of procccdings. Such appbcation is frcc of court fees and it must bc submitted in writing in Połish or English. In this procedurę any applications and means of appcal arc frec of charge.

On the other band, applicants having thcir place of permanent rcsidcncc or ordinary rcsidcncc the Rcpublic of Poiand, applying for the right to aid in procccdings which are to bc initiated or arc conductcd in another Member State musi submit a proper applicaiion on an ofticial form in English and in the languagc requircd by the icgislation of the Member State to which tbe applicaiion is to be sent via the dislrict court compctent for such person** place of permanent or ordinary rcsidcnce in the Republic of Poiand. The court forwards the appbcation for granting the right to aid to u com-petent organ of another Member State within 15 days of the day of fibng the propcrly complctcd appbcation in the languagc rcquircd by the Icgislation of the Member State to which the appbcation is sent, accompanied by documents stating tbe reasons for the rcqucst translatcd into this languagc. In this procedurę any applications and means of appcal arc frec of charge.

This ncccssarily brief presentation of the issuc of legał aid would bc incoraplctc without mentioning the so-callcd law dinics. In Poiand tbcrc is a countrywidc nctwork of law dinics. The clinics arc mainly conductcd by law and administralion facultics of universitics; funhcrmorc, sonie privatc coilcgcs which havc thcir law faculties also run such cbnics. The nctwork