Presentation of a handbook for lodging constitutional complaints in Albania

Dr. Arta Vorpsi, legal consultant at the Constitutional Court of the Republic of Albania; Professor Dr. Jan Bergmann, President of the Senate at the Administrative Court of Baden-Württemberg; Dr. Vitore Tusha, constitutional lawyer at the Constitutional Court of Albania; Frank Hupfeld, IRZ Head of Section for Albania (from left to right)
Dr. Arta Vorpsi, legal consultant at the Constitutional Court of the Republic of Albania; Professor Dr. Jan Bergmann, President of the Senate at the Administrative Court of Baden-Württemberg; Dr. Vitore Tusha, constitutional lawyer at the Constitutional Court of Albania; Frank Hupfeld, IRZ Head of Section for Albania (from left to right)

The constitutional complaint, which was introduced in Albania in March this year, was developed according to the German model and its legal structure has received a great deal of support from the IRZ in the past. This advice was followed in November by another important element, with the publication of a handbook.

The book entitled “Die Verfassungsbeschwerde – ein Handbuch aus deutscher und albanischer Perspektive” (“The constitutional complaint – a handbook from the German and Albanian perspective”) was presented to a very interested audience of experts on 17 November 2017 in Tirana.

The handbook is intended as a practical guide to applying constitutional complaints and at the same time offers a concise overview of constitutional complaints in Germany and Albania.

The handbook is therefore divided into two sections. The first section introduces constitutional complaints in Germany, including their legal framework conditions and specific features. The second part of the book presents constitutional complaints in Albania. Both sections are not just restricted to classification according to legal doctrine, but also provide the basis for practical and immediate application by readers thanks to assessment methods, case examples and the listing of legal standards.

The book was co-written by German and Albanian authors. The author of the German section is Professor Dr. Jan Bergmann, President of the Senate at the Administrative Court of Baden-Württemberg. The author of the Albanian section is Dr. Arta Vorpsi, a legal consultant at the Constitutional Court of the Republic of Albania. Both authors have long been active in IRZ projects.

The 60 or so participants in the event included judges and expert employees from the constitutional court. Many Albanian lawyers also attended the book presentation.

The plan is to hand out the book to judges and to lawyers. University libraries in Albania should also be supplied with the handbooks so that future legal practitioners can also familiarise themselves with the legal institution of constitutional complaints.

ECtHR seminar in Tirana

  • Dr. Stefan von der Beck, Presiding Judge at the Higher Regional Court of Oldenburg

    Dr. Stefan von der Beck, Presiding Judge at the Higher Regional Court of Oldenburg

  • Participants in the seminar

    Participants in the seminar

  • Elira Kokona, Dr. Stefan von der Beck, Dr. Idlir Peçi (from left to right)

    Elira Kokona, Dr. Stefan von der Beck, Dr. Idlir Peçi (from left to right)

  • During the seminar

    During the seminar

On 25 and 26 April 2017, a two-day seminar was held at the School of Magistrates in Tirana on “Finding, understanding and citing the case law of European Court of Human Rights – Practical instructions for helping judges, prosecutors and students of the School of Magistrates”.

The target groups for this event, which was financed by funds from the German Federal Ministry of Justice and Consumer Protection were:

  • Students at the School of Magistrates,
  • Criminal court judges,
  • Civil court judges and
  • Public prosecutors.

Dr. Stefan von der Beck, Presiding Judge at the Higher Regional Court of Oldenburg, spoke on behalf of the IRZ. The speakers from the Albanian side were Dr. Idlir Peçi, a former Deputy Minister of Justice and acting Deputy Minister of Defence, and Elira Kokona, representing the Ministry of Culture.

Together they were able to give the participants a detailed overview of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR).

Using selected cases, they discussed ECtHR case law, in which article 6 of the ECHR plays a significant role, with the law professionals.

The speakers also shed more light on research work with sources, in particular research on relevant ECHtR sites (“HUDOC”) and gave some practical tips for using these sources.

Delegation from the Supreme Court on a study visit to learn about “administrative jurisdiction in Germany”

Judges of the Supreme Court of the Republic of Albania visiting the German Federal Administrative Court in Leipzig: Xhezair Zaganjori, President of the Supreme Court (in the front, 2nd from right); Prof. Dr. Dr. h.c. Klaus Rennert, President of the Federal Administrative Court (centre)

Judges of the Supreme Court of the Republic of Albania visiting the German Federal Administrative Court in Leipzig: Xhezair Zaganjori, President of the Supreme Court (in the front, 2nd from right); Prof. Dr. Dr. h.c. Klaus Rennert, President of the Federal Administrative Court (centre)

The IRZ supports the Republic of Albania with the development of its administrative activities, which were established in 2013. As part of this cooperation, a delegation from the Supreme Court of Albania was hosted by the IRZ from 7 to 10 March 2017. Participants in this study visit on “administrative jurisdiction in Germany” included the President of the Supreme Court, Professor Xhezair Zaganjori, and five judges from the Administrative Chamber of the Supreme Court of Albania.

During expert talks with the President of the Higher Administrative Court of Saxony in Bautzen, Erich Künzler, the structure and tasks involved in administrative jurisdiction in Germany, as well as developments in personnel in view of the current asylum policy, were discussed. On the following day, the delegation was welcomed to the German Federal Administrative Court in Leipzig by the President of the German Federal Administrative Court, Professor Dr. Dr. h.c. Klaus Rennert. Expert talks were held with Dr. Otto Mallmann, a former presiding judge at the German Federal Administrative Court, and Dr. Susanne Rublack and Martin Steinkühler, judges at the German Federal Administrative Court, on the position and duties of the German Federal Administrative Court, the particularities of the review process, current examples of case law and judicial decision-making with a view to the independence of the judge.

The participants benefited a great deal from the opportunity to exchange views with experienced practitioners at the German Federal Administrative Court and at the Higher Administrative Court of Saxony. They were also given an insight into the tasks and structure of administrative jurisdiction in Germany.