Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 928D
928D. It shall be the duty of the competent authority:
(a) to act as a receiving or transmitting authority for legal
aid applications;
(b) to assist the applicant in ensuring that the application
is accompanied by all the supporting documents
known by such applicant to be required to enable the
application to be determined;
(c) as a transmitting authority, to assist the applicant in
providing the translation of the application and of the
necessary supporting documents when the application
is submitted to the authorities in another Member
State;
(d) as a receiving authority, to assess the economic
situation of a person in the light of the provisions of
article 912, including the amount of the resources of
persons who are financially dependent on the
applicant;
(e) to grant or refuse legal aid;
(f)
to consider, when taking a decision on the merits of an
application, and without prejudice to paragraph (d),
the importance of the individual case to the applicant,
and may also take into account the nature of the case
when the applicant is claiming damage to his or her
reputation but has suffered no material or financial
loss, or when the application concerns a claim arising
directly out of the applicant’s trade or self-employed
profession;
(g) to keep the applicant informed with the processing of
the application, and where the application is totally or
partially rejected, to give reasons for the rejection;
(h) to decide whether recipients of legal aid must refund in
whole or in part the assistance granted if their financial
situation has substantially improved or if the decision
to grant legal aid had been taken on the basis of
inaccurate information given by the recipient and to
collect any reimbursement so due.
Procedure.
Added by:
L.N. 342 of 2005.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.