Regional expert exchange of the Constitutional Courts and Supreme Courts of Kosovo and Albania on the topic "The balance between legality and constitutionality control", December 14, 2023 in Pristina (Kosovo). Kosovo and Albania
The regional exchange between the Constitutional Courts and Supreme Courts of Kosovo and Albania on the balance between legality and constitutionality control took place for the second consecutive time on 14 December 2023. Approximately 80 judges and legal advisors from the four courts participated in the conference held in Pristina (Kosovo).
In her keynote address, Professor Dr Gabriele Britz, former judge at the Federal Constitutional Court of Germany and Professor of Public Law and European Law at Justus Liebig University in Giessen, presented the German approach to balancing legality and constitutional control at the invitation of IRZ. During two panel discussions, the participants delved into selected legal questions, discussed ongoing developments in their case law, and deliberated on the associated challenges.
The cross-border exchange of experiences facilitated dynamic discussions and fostered an environment of mutual trust. The insights from German practice enriched the in-depth analysis of the legal framework, the prevailing case law across the four courts and the examination of established best practices.
Christian Schmitz-Justen, Vice President of the Cologne Higher Regional Court, during his lecture at the Albanian School of Magistrates. Albania
Following on from its long-standing collaboration with the Albanian School of Magistrates, the IRZ took part in a further training event on 21-22 June on the topic of “Electronic evidence in civil proceedings”.
Twelve judges attended the seminar, which was held against the backdrop of the increasing importance of electronic evidence in the Albanian judiciary and the recent amendments to civil procedural law.
The focus of the measure was a comprehensive comparative legal examination of the common practice when dealing with electronic evidence in Albania and Germany and to identify potential solutions and best practices in the daily activities of the judiciary and Public Prosecutors’ Offices in Albania.
Mr. Christian Schmitz-Justen, Vice President of the Cologne Higher Regional Court, participated as the German expert on behalf of the IRZ.
The speakers highlighted the importance and appreciation of electronic evidence in civil proceedings in Albania and Germany with the Albanian team of experts, consisting of Dr. Flutura Kola (Professor at the University of Tirana), Emona Muci (Judge at the Tirana District Court), and Dashamir Kore (lecturer at the School of Magistrates). The different legal practices and administrative structures that emerged in this context provoked some lively discussions among the participants.
Christian Schmitz-Justen also gave a detailed explanation of the role of experts and witnesses in civil proceedings, and then presented the electronic file management and the administrative structure of the Cologne Higher Regional Court. He also discussed the influence of artificial intelligence on case law. On the latter topic, he described the US case Loomis vs Wisconsin, in which a defendant was sentenced to a long prison sentence based on a risk of recidivism that had been calculated using software. Mr. Schmitz-Justen emphasised that the use of artificial intelligence is always accompanied by ambiguity regarding the parameters used, which is why case law in Germany and Europe should remain independent of such technology.
The exchange of comparative legal expertise and experience with the School of Magistrates will continue in the future, funded by the Federal Ministry of Justice.
On the podium from left to right: Agim Muslia (FIU Albania), Edmond Konini (General Secretary of the Albanian Bar Association), Prof. Dr. Maksim Haxhia (President of the Albanian Bar Association), Dr. Philip Seel (expert), Dr. Veronika Denninger (Director of the Federal Bar Association). Albania
IRZ held a seminar on “Prevention of Money Laundering in the Legal Profession” on 19-20 June 2023 in collaboration with the Albanian Bar Association and the Federal Bar Association.
The background to the event was the reform of the law “On the legal profession in the Republic of Albania” in 2018. The legal profession, supervised by the Bar Association, is under an obligation to report suspected cases of money laundering and terrorist financing within its own client base to the Financial Intelligence Unit (FIU).
IRZ, assisted by the Federal Bar Association, invited Dr. Philip Seel, lawyer and notary from the law firm STREITBÖRGER PartGmbB in Hamm, to present the German and European legal framework.
The main discussion topics included:
Establishment and structure of the self-governing money laundering monitoring by the legal profession
The actual experience of money laundering in the legal profession
Practice of the supervision of money laundering by the bar associations
EU initiatives to combat money laundering
Dr. Seel discussed German legal practice in the prevention and combating of money laundering in detail and presented the relevant tasks and approaches of the German chambers to the 22 participating lawyers using the example of his honorary role as a board member of the Hamm Bar Association. Mr. Edmond Konini, Secretary General of the Albanian Bar Association and Mr. Agim Muslia, Head of the Albanian FIU, reflected the subject matter of the presentations based on the legal situation in Albania. This was followed by expert talks in which participants commented in their numerous contributions on the topic.
It became clear during the seminar that, due to the change in the law, the Albanian legal profession is conflicted between serving the public interest in combating money laundering and its obligation of confidentiality towards clients. Although the Albanian lawyers feel they are “under a legal obligation”, some participants initially expressed the need for clarification regarding whether and by whom a risk analysis of the client base should be carried out. Attendees raised fears that the position of the legal profession in Albania could be weakened owing to the additional financial and human resources involved in this risk analysis.
The event was funded by the Federal Ministry of Justice and follows on from years of intensive cooperation with the Albanian Bar Association. The long-term aim of the exchanges is to provide professional and practical support to Albanian lawyers and to highlight European and German best practices to assist in the effective and efficient efforts to combat money laundering in Albania.
