Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 928D

Official PDF on legislation.mt

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.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.