Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 928E
928E. (1) Legal aid applications by persons who are domiciled
or habitually resident in Malta may be submitted either:
(a) to the competent author ity in Malta hereinafter
referred to as "the tran smitting authority"; or
(b) to the competent authority of the Member State in
which the court is sitting or where the decision is to be
enforced, hereinafter referred to as "the receiving
authority".
(2) Legal aid applications sha ll be completed in accordance
with such forms as may be prescr ibed by the Minister responsibl e
for justice by Order in the Gazette.
(3) The competent authority in Malta may decide to refuse to
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 261
transmit an application to the receiving authority of another
Member State if it is manifestly:
(a) unfounded; or
(b) outside the scope of the Directive.
When an application for transm ission is totally or partially
rejected, the reasons for rejectio n shall be given, and the pro visions
of article 917 shall apply.
(4) Without prejudice to sub-arti cle (3), when the competent
authority in Malta receives a requ est for legal aid in relation to
proceedings which are being heard before a court in a Member
State other than Malta, it shall transmit the application to the
competent receiving authority in the other Member State within
fifteen days of the receipt of th e application duly completed i n one
of the languages of the Member S tate of the competent receiving
authority, and the supporting documents translated, where
necessary, into one of those languages.
(5) Applicants for legal aid sha ll be fully informed of the
processing of th e application.
(6) Where the competent authority in Malta refuses to grant
legal aid, it shall inform the applicant of the reasons for rej ection,
and the provisions of article 917 shall apply.
Costs.
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.