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ToR: International consultancy to assess the functionality of the current eligibility criteria and standards for legal aid in Moldova

15.07.2014

The Justice Program of the Soros Foundation-Moldova (SFM) is currently implementing the project “Enhancement of quality assurance tools and management of the legal aid system in Moldova”, which started in December 2012 and shall conclude in December 2014. The overarching goal of the project is to improve the capacity of the legal aid system in the country to provide more accessible and qualitative legal services and advice to poor people. Under the second objective the project aims at improving the eligibility standards and criteria for channeling legal aid to those in need. One of the project’s outcomes shall be the assessment of the functionality of the current eligibility criteria and standards for legal aid in Moldova.

At present, the Moldovan legal aid system faces a series of challenges that have not yet been adequately addressed and which pose a significant risk to its sustainability. In particular, it refers to the regulatory and implementation frameworks regarding the eligibility standards and criteria (merits of the case and means test) for legal aid. The legislation in force is very generous in terms of eligibility requirements for legal aid in criminal and civil cases, making the system expensive, less efficient and at the same time unfair. The currently existing means testing methodology proved inefficient and needs revision.

In the same time, lack of clear standards and criteria based on merits of the case leads to overloading the system with less demanding cases. Currently, paralegals, public defenders and staff of the NLAC Territorial Offices are those who “filter” cases trying to enter the legal aid system. This is by far not the best way to cope with constantly increasing number of persons demanding legal aid, especially considering the small number of paralegals and public defenders, and the understaffed Territorial Offices of the National Legal Aid Council (NLAC). It is often the legal aid lawyers who apply the merits test, which is time consuming and unfair. Some of the interviewed justice actors, including legal aid lawyers, estimated that between 20% - 50% of legal aid beneficiaries could in fact pay for legal aid, or at least partially. Considering the limited resources available this means that those in need for legal aid are excluded from benefiting of legal aid.

In the aforementioned conditions, the Soros Foundation-Moldova is seeking an international expert to lead an assessment on the functionality of the current eligibility criteria and standards for legal aid in Moldova. The consultancy should be delivered during the period September – October 2014, for a maximum of 10 working days, including one visit to Moldova of up to 3 working days.

The detailed Terms of Reference are attached.

RECRUITMENT PROCESS: All prospective candidates should send a cover letter and a CV/resume by 30 July 2014, 6 pm EET, to the following e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

For any details and questions regarding the content of ToR and assignment please contact the Program coordinator at the e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Justice Program Director at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or (373 22) 270031.

  • Geographical area: Moldova
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