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On 23 and 24 May 2019, the IRZ, in partnership with the Albanian School of Magistrates, organised a workshop for Albanian authors of legal commentaries. The objective of the event was to achieve a significant increase in the number and quality of commentaries on the platform for e-commentaries developed in 2017.
The workshop took place as part of a project organised by the IRZ, which is being financed by the German Foreign Office and has the objective of further developing the first legal commentary developed in Albania.
After all, a transparent, uniform jurisdiction under the rule of law is vital in view of the acceptance of the Albanian legal system by law professionals and citizens, as well as bringing the Balkan countries closer to the EU.
The project ties in with the work of national and international experts, who have developed an electronic platform as part of the EU action grant EURALIUS 2017 [LINK to EURALIUS], where several e-commentaries on Albanian legal standards can already be found.
To open the workshop, IRZ expert Prof. Dr. Bernd Heinrich (University of Tübingen) provided insights into the German tradition of writing commentaries. During the subsequent discussions, the following topics were addressed:
The advantages and disadvantages of online commentaries compared with print commentaries,
various citation systems,
international commentary standards and
a comparison between Albanian and German commentary methods.
Based on the outcome of these discussions, the participants worked on a standard methodology for drafting commentaries and agreed on the next steps to take. Under the guidance of the expert advisory board, which is made up of Prof. Dr. Heinrich, Prof. Dr. Jörg Kinzig (University of Tübingen), Prof. Dr. Martin Heger (Humboldt University in Berlin) and two Albanian experts, a total of seven authors will comment by the end of next year on articles of the Albanian criminal procedure law, as well as on the law on the status of judges and public prosecutors.
Afterwards, the project will be rounded off with events for the general public in Albania, during which the results of the project will be presented, raising awareness of this field amongst law professionals and public institutions.
As part of the curriculum for the Albanian School of Magistrates, the IRZ held a seminar on 11 and 12 March 2019, covering the distinction between constitutional and administrative jurisdiction. The background behind the seminar was the development of the Constitutional Court of Albania according to the German model, as well as the reintroduction of administrative jurisdiction in Albania in 2013. The President of the School of Magistrates, Prof. Dr. Sokol Sadushi, welcomed the 25 or so administrative judges taking part in the seminar and went on to talk about the examination of the illegality or unconstitutionality of acts with a legislative nature, individual acts and legislation. Several provisions in the Albanian constitution with regards to disputes over areas of authority between the two jurisdictions led to lively discussions.
Prof. Dr. Michaela Wittinger, an IRZ expert and professor of State and Constitutional Law at the Federal University of Applied Administrative Sciences in Mannheim, picked up the discussions and explained that, unlike in Albania, the constitutional conformity of laws in Germany is only very seldom checked once the laws have come into effect. After she had reported on the protection of the individual through German constitutional jurisdiction with regard to the monitoring of acts of parliament, Kaliona Nushi, a lecturer at the School of Magistrates, introduced the subject “Individuals and Albanian constitutional jurisdiction”.
Altina Nasufi, another lecturer at the School of Magistrates, opened the second day of the seminar with a lecture on monitoring the illegality of acts with a legislative nature by the Albanian Administrative Court of Appeal. The seminar was concluded by Prof. Dr. Wittinger. She began by explaining how the individual is protected by German administrative jurisdiction, drawing on a few cases from the previous year, and then went on to draw parallels with European law, describing its influence on German constitutional and administrative jurisdiction.
The IRZ held a seminar on International Private Law on 19 and 20 December 2018 in partnership with the Albanian School of Magistrates. Fifteen judges and public prosecutors attended the seminar in Tirana to learn about the Rome II Regulation (non-contractual obligations).
Following a welcome speech by the Director of the School of Magistrates, Sokol Sadushaj, Aida Bushati described the current situation regarding International Private Law in Albania, which dates back to 1964. IRZ expert Prof. Dr. Gerhard Hohloch, an emeritus professor of International Private Law, amongst other subjects, at the Albert Ludwig University of Freiburg, then provided an introduction to the Rome II Regulation, which came into force in 2009, and differentiated this from the other three Rome Regulations.
As the seminar continued, Aida Bushati gave a lecture on claims settlements for accidents in Albania involving foreigners, which was followed by Prof. Dr. Hohloch explaining the ECJ legislation regarding accidents abroad in court trials and Erinda Meli, the second speaker from the School of Magistrates, explaining Albanian practice regarding accidents abroad in court trials.
Together with Aida Bushati, on the second day Prof. Dr. Hohloch looked at claims arising from transnational unauthorised acts (environmental damage, unfair competition etc.). The seminar was rounded off with lectures on “Damage resulting from unjust enrichment and negotiorum gestio (management without authority)” and “Damage resulting from culpa in contrahendo (fault when concluding a contract).”
Further seminars will be held in future to deal with the conflict of law regulations (Rome I, Rome III and Rome IV). In the long term, the IRZ also aims to include the planned Regulations Rome V and Rome VI in the series of seminars.