Seminar on the interdependence between administrative and civil jurisdiction

Lindita Sinanaj and Florian Kalaja from the School of Magistrates; Klaus Hage, Presiding Judge at the Administrative Court of Minden (from left to right)
Lindita Sinanaj and Florian Kalaja from the School of Magistrates; Klaus Hage, Presiding Judge at the Administrative Court of Minden (from left to right)
Albania

First introduced as an independent branch of the court system in 2012, Albanian administrative jurisdiction is still the subject of many discussions concerning its differentiation from other jurisdictions. Within this context, the IRZ and the School of Magistrates organised a seminar on the interdependence between administrative and civil jurisdiction, which took place on 26 and 27 September 2019. This event was aimed at:

  • judges,
  • public prosecutors and
  • ombudsman employees.

At the start of the seminar, Lindita Sinanaj and Florian Kalaja from the School of Magistrates gave an introduction to Albanian administrative jurisdiction and explained the distinction between this and ordinary jurisdiction. The IRZ expert Klaus Hage, Presiding Judge at the Administrative Court of Minden, compared this with the German legal system and covered the following points concerning the differentiation between the different jurisdictions:

  • ordinary jurisdiction as opposed to special jurisdiction,
  • definition of public legal disputes and
  • legal basis: the powers of the German Federal Administrative Court over administrative courts of appeal and administrative courts of first instance.

Klaus Hage then went on to explain German administrative jurisdiction in more detail, by giving the 18 participants a deeper insight into the decision-making bodies and the transfer of the legal dispute to the individual judge, as well as the stages of appeal and the approval process. Lindita Sinanaj and Florian Kalaja closed the first day of the seminar with a presentation of Albanian cases of legal disputes concerning management agreements and legal jurisdiction in approval claims.

On the following day, Klaus Hage presented the influences of European law on German administrative jurisdiction, focussing on the following points, amongst others:

  • primary and secondary EU legislation,
  • enforcement of EU law by national authorities and
  • legal protection against EU legislative measures.
Once he had completed this group of subjects by giving case examples, for which the participants had to compare German with EU law, the Albanian experts rounded off the seminar with a lecture on the limits of ordinary jurisdiction and of the administrative court in disputes concerning normative acts.

EURALIUS V: Third Stakeholder Committee Meeting in Tirana

Third stakeholder committee meeting of the EURALIUS V project
Third stakeholder committee meeting of the EURALIUS V project
Albania

On 24 July 2019, the third stakeholder committee meeting took place in Tirana within the framework of the EURALIUS V project, which is implemented by the IRZ as leading partner. At the biannual meeting, the expert team summed up the work of the past months and presented its plan for the next six months. The corresponding EURALIUS V progress report was adopted.

The participants were, amongst others:

  • Fjoralba Caka, Deputy Minister of Justice of Albania,
  • Xhezair Zaganjori, President of the Supreme Court,
  • Arta Marku, Public Prosecutor General,
  • representatives of the EU delegation in Albania, of the embassies representing the consortium and
  • representatives of the consortium and of all judicial institutions cooperating within the EURALIUS project, including the School of Magistrates and the newly established judicial institutions, the High Judicial Council and the High Council of Prosecution.

At the same time, the constitutional changes and the beginning of the judicial reform in Albania three years ago were commemorated, when work started on a comprehensive reform package comprising 40 laws. The IRZ contributed a major part to it within the predecessor project EURALIUS IV.

Despite the ongoing vetting procedure, i.e. the review of judges and public prosecutors, it was possible for some of the new judicial institutions to start work in early 2019. These are strongly supported by EURALIUS through capacity building and the drafting of internal regulations.

All participants appreciated the work of the EURALIUS team very much and requested further support measures.

Project description: EURALIUS V

Funded by the European Union

Seminar on reopening criminal proceedings in Albania

Anne Meier-Göring, Presiding Judge at the main criminal division for juvenile cases at the Regional Court of Hamburg; Spiro Spiro and Albana Boksi, lecturers at the School of Magistrates (on the panel, from left to right)
Anne Meier-Göring, Presiding Judge at the main criminal division for juvenile cases at the Regional Court of Hamburg; Spiro Spiro and Albana Boksi, lecturers at the School of Magistrates (on the panel, from left to right)
Albania

The IRZ organised a seminar on 6 and 7 June 2019 in partnership with the Albanian School of Magistrates. The seminar focussed on reopening criminal proceedings in view of the legislation of the European Court of Human Rights (ECtHR) and the 2017 revision of the Albanian code of criminal procedure.

Spiro Spiro and Albana Boksi, lecturers from the School of Magistrates, opened the event by explaining the subject of reopening criminal proceedings to the 25 or so participating judges and public prosecutors and presenting the changes to the Albanian code of criminal procedure and two pending Albanian cases brought before the ECtHR. They then went on to report on the submission of new evidence for the case law of the Supreme Court and the Constitutional Court.

Anne Meier-Göring, an IRZ expert and Presiding Judge at the main criminal division for juvenile cases at the Regional Court of Hamburg, put forward the German point of view at various points during the seminar. She closed the first day with a lecture on the requirements of a proper trial in accordance with Article 6 of the European Convention on Human Rights, the case law of the ECtHR and trials in absentia as a reason for breaches of the Article in question. She also explained the German Code of Criminal Procedure with respect to the obligations of the accused to attend the main trial.

On the second day, after the Albanian speakers had addressed the implementation of decisions taken by the ECtHR as a reason for reopening proceedings that have already been concluded by law, Anne Meier-Göring spoke about the implementation of decisions taken by the ECtHR on violations of the Convention due to reopening proceedings. She then went on to present the German system for retrials and drew a comparison with the Albanian provisions in this respect.

The participants were given plenty of opportunities to present their own cases and discuss these with the speakers before Spiro Spiro and Albana Boksi closed the seminar with a lecture on the litigation status of the accused, the Albanian system for retrials, the rulings of national courts and problems relating to the Constitution.