Andrei Bătrînac - counselor, Administration of al NCSGLA, Tel: 022 310274, 079411917, email: abatrinac@CNAJGS.md

The monitoring of the quality of state guaranteed legal aid provided by lawyer is very important for assuring the quality of the qualified legal services provided. An internal monitoring process has already been established by the National Council for Legal Assistance starting with 2009.

"NCSGLA must make sure that the law and the contracts with the lawyers include all the clauses that enable conducting the monitoring of the quality of the state guaranteed legal aid and that the Territorial Offices do not treat the lawyers differently in the monitoring of the quality of the state guaranteed legal aid. Also, the mechanism is to be identified by which the proper quality of the state guaranteed legal aid is monitored by other lawyers and not only by the staff of the Territorial Offices of the NCSGLA.”[1]

Taking into account the need for improving this mechanism, the NCSGLA approved by the Decision of the NCSGLA no.20 of 25 June 2015 the Regulation on the monitoring of the quality of the state guaranteed qualified legal aid provided by lawyers as well as the tools for the internal and external monitoring of the state guaranteed legal aid, by Decision of the NCSGLA no.27 of 10 July 2015.

The external monitoring of the quality of the state guaranteed qualified legal aid is organized annually by the National Council and conducted by the Commission for the external monitoring of the quality of state guaranteed qualified legal assistance (hereinafter the External Monitoring Commission).

The external monitoring will be conducted based on the monitoring tools that are approved by the NCSGLA.

The External Monitoring Commission is made up of 7 members, as follows: a representative of the Administration of the NCSGLA (hereinafter the Administration) and 6 lawyers selected based on a contest, organized by the National Council, 3 of whom are lawyers who are not in the state guaranteed legal aid system. The nominal composition of the External Monitoring Commission is approved by the National Council.

The External Monitoring Commission each year randomly selects 10% of the lawyers from the state guaranteed legal aid system, proportionally to the number of lawyers from the constituency of a certain Territorial Office (which implies approx. 50 lawyers). In the monitoring, 2 monitors participate on each case. In the external monitoring, there are examined at least 10 defense cases randomly selected by the monitoring group and 10 defense cases proposed by the lawyer participant in the monitoring, taken over in the past 12 months from the date of monitoring. Accordingly, during the monitoring of 50 lawyers, 1000 cases are examined.

The external monitoring of the quality of the state guaranteed legal aid provided by 50 lawyers in 1,000 cases, within the jurisdiction of the TO of the NCSGLA:

(500 cases (25 lawyers) at the TO Chișinău, 300 cases (15 lawyers) at the TO Bălți, 100 cases (5 lawyers) Comrat and 100 cases (5 lawyers) Cahul).

NB! In the testing of the external monitoring mechanism it was established that to monitor a case costs 92.43 lei per monitor (included in the employer’s contribution).

1) Remuneration of monitors:

92.43 lei/monitored case x 1000 cases x 2 monitor/case = 184.86 thousand lei/remuneration.

2) Transportation costs for the travel of monitors (Chișinău - Bălți, Chișinău - Comrat, Chișinău - Cahul):

Having in mind the price for one liter of fuel: petrol A95-18.5 lei;

The average consumption of fuel (urban – extra-urban) for one car for 100 km equals 7.5 l:

We conclude that 1 km of travel requires: 0.075 l fuel.

and distances to travel for return visits to the monitoring localities:

Chișinău - Bălți =280 km

Chișinău - Cahul = 360 km

Chișinău - Comrat =220 km

Chișinău - Bălți: 20 monitoring visits;

a) Total km: 20 visits x 280 km = 5600 km

b) Total fuel: 5600 km x 0,075 l/km = 420 l

c) Total cost of trip: 420 l x 18,5 lei/l = 7,77 thousand lei

Chișinău - Cahul: 10 monitoring visits;

a) Total km: 10 vizite x 360 km = 3600 km

b) Total fuel: 3600 km x 0,075 l/km = 270 l

c) Total cost of trip: 270 l x 18,5 lei/l = 4,995 thousand lei

Chișinău - Comrat: 10 monitoring visits:

a) Total km: 10 vizite x 220 km = 2200 km

b) Total fuel: 2200 km x 0,075 l/km = 165 l

c) Total cost of travel: 165 l x 18,5 lei/l = 3, 052 thousand lei