Analysis of the Albanian legislation on the role of the paralegal and assessment of the existence of conditions for the inclusion of this profession in the national list of professions

This study aims to carry out a detailed analysis of the role of the paralegal in the provision of paralegal services, functional tasks, practice, legal framework in Albania and in other countries subject to study where this profession is institutionalized, or exists in practice, as : North Macedonia, Moldova, Ukraine, Georgia, Sierra Leone, South Africa, Philippines.

Through this study, the existence of the conditions for the inclusion of the paralegal in the National List of Professions has been evaluated, to analyse if there is a possibility that the functional duties of the paralegal can be foreseen in a separate profession and if there may be an overlap with other professions. This study aims to give suggestions to the competent institutions in order to foresee or not a special profession in Albania called paralegal, its necessity as well as the special regulation related to functional tasks, employment, education, training, financing, etc.

The analysis carried out also contains a picture related to the way paralegals are regulated, their education, specific tasks, paralegals in communities, continuous training, the way of financing (central/local institutions), the communities with which paralegals work in the target countries. study, in order to suggest the way of regulating this profession and if it is the case its institutionalization in Albania. In this framework, reports drawn up by international and national organizations of the countries under study have also been taken into consideration.

VKM no. 514/2017, which provides for the National List of Professions focusing on professions similar to paralegals such as legal assistants, lawyers, legal and social workers, the duties of these professionals, the functions they can perform, etc, was specially analysed. In order for the analysis of the legislation to be complete and more in-depth, the focus of this study has been expanded by analysing the Albanian legislation, which guarantees citizens’ access to justice.

In order for the suggestions of this study to be based on qualitative and quantitative data, studies have been taken into consideration regarding the needs of the legal aid system in Albania and, if it is the case, the prediction of a new profession that will be able to improve the shortcomings of this system. Updated data has been made available by the Free Legal Aid Directorate at the Ministry of Justice regarding the operation of the new free legal aid scheme.

The development of this study was supported by the Open Society Foundation for Albania. This document was prepared in order to study the possibility of including the paralegal profession in the National List of Professions. The content of this document is the responsibility of the authors and contributors and in no case does it necessarily reflect or represent the opinion or position of the Open Society Foundation for Albania.

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