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.
Seminar on “Cybercrime – Hate Speech on the Internet” in cooperation with the Albanian School of Magistrates on 18-19 May 2023. Albania
The IRZ organised a seminar on 18-19 May 2023 on “Cybercrime” in cooperation with the Albanian School of Magistrates. The event built on previous discussions, and explored the adaptation of the Albanian legal system to the Budapest Convention on Computer Crime. The focus here was on the issue of hostility towards people relating to their origin, sexual orientation and physical and/or psychological limitations. The spread of religious extremism and Holocaust or genocide denials were also addressed.
The IRZ invited Mr. Frank-Michael Laue, Senior Public Prosecutor from the Central Office for Combating Hate Crime on the Internet / Lower Saxony (ZHIN), to present the German and European legal framework.
The main discussion topics included:
Crime phenomenon of hate crime on the Internet
Budapest Convention on Computer Crime
Substantive-legal norms and legislative changes to combat hate crime through criminal law in Albania and Germany
Approach of German law enforcement authorities in combating hate speech on the Internet
Criminal investigation measures and relevant criminal procedural regulations in Albania and Germany
Presentation of the reporting channels to the criminal prosecution authorities in Germany
Securing and using electronic evidence
The topics in the German-Albanian legal comparison were presented with the Albanian speakers, Ms. Denisa Asko (Public Prosecutor, Tirana Public Prosecutor's Office) and Mr. Edmond Koloshi (Public Prosecutor, Durres Public Prosecutor's Office), to provide the 18 judges and public prosecutors attending with starting points for questions and discussions.
While the Albanian contingent explained during their lectures that hate speech on the Internet is not generally liable for prosecution, Mr. Laue made it clear that a precedent was also required in Germany to enable the authorities to take more vehement action against such crimes: e.g. the murder of the Kassel District President, Walter Lübcke, in 2019. These events led, among others, to some federal states setting up specialist Public Prosecutor's Offices to combat hate crime on the Internet, and Mr. Laue reported on the structure and approach of such offices using the example of the Central Office in Lower Saxony.
The event was funded by the Federal Ministry of Justice and follows on from years of intensive cooperation with the School of Magistrates, which promotes the training and further education of the Albanian judiciary and Public Prosecutor's Office.
Conference on “The jurisprudence of the Supreme Court: from national identity to universal values” to mark the 110th anniversary of the Supreme Court of the Republic of Albania, 10 May 2023, Tirana (Albania). Albania
An international conference was held in Tirana on 10 May 2023 on “The jurisprudence of the Supreme Court: from national identity to universal values” to mark the 110th anniversary of the Supreme Court of the Republic of Albania. The IRZ and a judge at the Federal Court of Justice, Ms. Babette Pohl, were guests of honour at the anniversary celebration.
The conference focused on Albanian judicial reform, the EU integration process and the role of Supreme Courts in bringing national judicial practices in line with international standards.
The conference participants included judges from the Supreme Courts and Constitutional Courts of Albania, Italy, France, Azerbaijan, Turkey, North Macedonia, Kosovo, Montenegro, Germany, the European Court of Human Rights and the United States Tax Court.
In the opening speeches, the Vice-President of the Supreme Court of Albania, Mr. Sokol Sadushi and the President of the Constitutional Court of Albania, Ms. Holta Zaçaj, emphasised the importance of an independent judiciary as the foundation of the rule of law and as a basis to gain the trust of the people in the judiciary. President Bajram Begaj stated that the Supreme Court of Albania makes an indispensable contribution to aligning Albanian jurisprudence with the principles of European justice and ensuring the protection of human rights. Ms. Naureda Llagami, President of the High Judicial Council of Albania, again underlined the need for judicial reform in Albania, and also the ongoing challenges in this respect.
From the international side, Ms. Christiane Hohmann, Ambassador of the European Union in Albania, underlined the importance of a qualitative and independent judiciary as one of the most important pillars of EU integration. She emphasised that councils of judges and Public Prosectors should uphold the high standards of scrutiny to ensure the independence, accountability and efficient functioning of the judiciary. Ms. Yuri Kim, Ambassador of the United States of America to Albania, also reiterated that a strict separation of powers was essential.
During the conference, approx. 15 panellists discussed specific issues in front of over 150 participants regarding:
the role of Supreme Court case law in shaping national legal culture (Panel I)
the consideration of international standards in the case law of Supreme Courts (Panel II)
the road to EU integration: historical perspectives and current challenges in shaping the role of Supreme Courts (Panels III and IV)
The conference gave participants a valuable opportunity to share experiences and to discuss common challenges. The talks focused at all times on the importance of an independent, transparent and professional judiciary as the foundation of the rule of law and the EU integration process. In particular, the essential role of the Supreme Court of Albania was highlighted in the implementation of judicial reform.
The IRZ invited Ms. Babette Pohl, LL.M., judge at the Federal Supreme Court, to present a lecture on the relationship between the European courts and the Court of Justice of the European Union In her presentation, Ms. Pohl emphasised the preliminary ruling procedure under Article 267 TFEU to ensure the standardised application of Union law and emphasised the resilience of the European judicial system, despite recent disputes between national Constitutional Courts and the Court of Justice of the European Union. The lecture ended with the appeal that European case law is an essential instrument for the protection of fundamental rights, the protection of minorities and the preservation of the rule of law in Europe.
Ms. Pohl was accompanied by Ms. Dr. Frauke Bachler, General Director of the IRZ, and Ms. Anja Finke, Deputy Head of the South East Europe II / South Caucasus project area. The celebrations also included numerous talks with representatives of partner organisations of the IRZ from Albania and the region.
