Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents
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- For information regarding training activities done during the academic year 2014-2015, for the period November 2014 - April 2015 please refer to Annex III.23.1
- Digitalisation of administrative courts
- Progress of installation of the audio recording system
- Creation of a new system for the judicial archives
- The availability of alternative dispute resolution methods (ADR) ( more information in the chapter on political criteria)
- Executions of the judicial decisions Public Judicial Enforcement Service, its organisation and functioning
- Enforcement Council, Status of the Enforcement Agent
- Disciplinary measures, incompatibility and dismissal from office
- In 2014, 435.768,188 ALL are disbursed to the state budget, while the budget of the PES in 2014 was 94.500,002 ALL.
- Other developments in the judiciary regarding infrastructure
- Reporting on the activities during September 2014 - April 2015
- 23.2 Anti-corruption policy
Initial training Due to amendments to the Law on the School of Magistrates there was no new intake of candidates for magistrate in the current academic season. The Continuous Training Program One of the tasks provided by the Law for the School of Magistrates is the organization of the professional education activities for the personnel of the judicial administration, as well as of other professions, which are related to the justice system. The School of Magistrates has cooperation agreements with numerous state institutions, including the State Advocacy, the Judicial Police, the National Chamber of the Private Judicial Enforcement Offices and recently with the Ministry of Justice. In relation with institutional capacities, the actual number of the full time staff of the School of Magistrates is 24 people, from which 7 are teaching staff and 17 are administrative and support staff. This organisational structure is not sufficient, in relation with the number of administrative personnel and of the necessary teaching staff, for the realization of the initial and continuous education of judges and prosecutors, of other free professions, as well as of publications, while only in the continuous education around 100 training sessions per year are held at the School and approximately 600 judges and prosecutors get trained at least 12 days per year. The budget of the School of Magistrates – at the level of approximately 430 thousand Euros per year - remains insufficient. A fine part of the activities of the continuous training program continues to be financed by the international partners. The infrastructure and the spaces of the School (around 600 m2) are not sufficient to realize all its training, academic and administrative activities. For information regarding training activities done during the academic year 2014-2015, for the period November 2014 - April 2015 please refer to Annex III.23.1 Publications The School publishes its law review “Jeta Juridike” every three months, which is a scientific publication and treats different issues related to important issues like: new legislation, new court practices, theoretical and practical international experiences, articles by new jurists, promotions of new legal literature, information on the school activities, etc. Also, the School publishes other professional publications like professional books in framework of the training programs and the juridical magazine every six months “Magjistrati” with extracts from theses of candidates for magistrates. In this context, for the period September 2014 – April 2015, the magazine “Jeta Juridike” 2nd and 3rd editions 2014 were published. Administrative courts Two Orders of the Minister of Justice were adopted, to make possible the recruitment process and appointment of legal assistants in the Administrative Courts: Order no. 1509 dated 25.02.2015 and no. 1510 dated 25.02.2015 providing for detailed rules on the functioning of the ad hoc committee and the rules on the organisation of the exam for the legal assistant candidates. The procedures for recruitment of legal assistants started in March 2015 and currently the selection of candidates is taking place. Moreover, by order no. 1477 dated 24.02.2015, new structures of the first instance and appeal courts were approved. This initiative made possible the completion of the staff of the administrative courts by adding 41 employees to these courts, 25 of them legal assistants and 15 judicial administration staff. In February 2015, the Ministry of Justice in cooperation with the HCJ prepared a study assessing the workload of the Appeal Administrative Court of Tirana. The study concludes with 9 main recommendations, some of which addressed to the HCJ, Ministry of Justice, School of Magistrates and OAJB. One of the main recommendations remains the filling of 7 vacancies of judges in the first instance administrative courts (2 vacancies in Gjirokastra, 2 vacancies in Korça, 2 vacancies in Shkodra and 1 vacancy in Vlora). Digitalisation of administrative courts The installation of ICMIS in the administrative courts was completed in December 2014. The system became functional in 5 courts, in the first instance administrative court of Tirana, Durrës, Shkodra and Korça and appeal court of Tirana. It is expected that the system will become operational even in the First Instance Administrative court of Vlora. The training of the staff of the First Instance Administrative court of Gjirokastra is ongoing. With the installation of ICMIS in the administrative courts, Judicial District Court of Tirana and Serious Crimes Court, ICMIS is being currently used by 95% of the courts. The Ministry of Justice is continuously following up the functioning, updating and improvement of the Case Management System of Courts (ICMIS). The improvement of functionalities of software application is supported by the commitment of the MoJ to implement from the very beginning this system in the courts which are not making use of the standard and national system of digitalization of the judicial process. Therefore, during September 2014 to May 2015, it has been installed last updated version in all seven administrative courts, and also at the District Court of Tirana, District Court of Kukes. During this period on courts premises has been delivered the training on system usage for Administrative Staff and also for Judges. ICMIS is already operational in every court. The Ministry of Justice is currently monitoring two contracts for development and maintaining ICMIS system (for 31 ICMIS sites on District / Appeal courts and 7 Administrative Courts). For Tirana District Court, in close collaboration with EURALIUS mission, the Ministry of Justice is monitoring ICMIS implementation in Civil Chamber (starting on 3 April 2015 with family section). This implementation will be in several phases, putting the system on place step by step for civil chamber first continuing with penal chamber. On this process MoJ is taking into consideration the complexity and the huge volume of cases in administration by TDC. In terms of application improvements, MoJ is gathering comments and opinions addressed by all courts, in order to provide an updated version to fulfil all the requirements and court needs. Case Management Project (Case Management) for the Albanian Prosecution Office has started in January 2015, the initial implementation on the module registers in the whole system of the Prosecution Office. Meanwhile, in some Prosecution Offices is implemented the Quality Management System in all stages of their procedural activity. The implementation process in these Prosecution Offices intends, first identifying the problems in system project and correcting them during the usage process in order to extent in all other larger Prosecution Offices, as soon as possible. Progress of installation of the audio recording system In March 2015, the audio recording system made possible by USAID Just Project started to be implemented in the administrative courts. The installation of the audio recording system in the Appeal Administrative Court of Tirana and first instance Administrative Court of Tirana was completed. Currently the staff of the first instance Administrative Court of Tirana is being trained on the use of this system. Efforts are made to enable the training of the judicial administration of administrative courts. In this context, the School of Magistrates planned a continuous training programme for the academic year 2014/2015 to train, as of April 2015, the chancellors of these courts. Creation of a new system for the judicial archives: Upon initiative of the Minister of Justice, DCM No. 858 dated 17.12.2014 "On the creation of the state archive of the judicial system" was adopted. This act creates the state archive of the judicial system as an institution under the Ministry of Justice. The mission of this institution is to store, process and administer judicial documentation which is subject to the filing procedures by the courts, and also seeing to the management of the courts archives through the application of the techniques unified for the creation, use, maintenance, storage, transfer and elimination of files, record books and other judicial documents, and also provision of access to the interested persons. The construction works of the Judicial Archive have been completed and upon the approval of new structures, such archive will become fully operational. The availability of alternative dispute resolution methods (ADR) (more information in the chapter on political criteria) During the period September 2014- April 2015, the Commission licensing mediators has provided with licence 84 mediators; 83 of them are licensed as natural persons and 1 as legal person. Based on the registry book of mediators which the Ministry of Justice has, 58 subjects perform mediation activity; 56 of them are mediators in the capacity of natural persons and 2 are in the capacity of legal persons. Executions of the judicial decisions
The Judicial Enforcement Service is governed by Law no. 8730 dated 18/01/2001, Civil Code and Civil Procedure Code. Judicial Enforcement Service aims at compulsory execution of executive titles in the cases defined in the Civil Procedure Code. Judicial Enforcement Service performs its functions through judicial enforcement agents. Judicial enforcement service has a unique and centralised organisation covering all the territory of the Republic of Albania. Judicial enforcement agent is the person entrusted by law with the activity of enforcing executive titles. In performing his activity, the represents the state authority. Judicial enforcement agent is directly dependent on the Minister of Justice and organised at national and central level:
Director General is responsible for the management, coordination and control of the Judicial Enforcement Service. The Director is appointed and dismissed by the Prime Minister on the proposal of the Minister of Justice. Director General has the following responsibilities:
Judicial Enforcement Service, in order to perform its tasks, has its own budget, as a separate part within the budget of the Ministry of Justice. Each enforcement action is done against the payment of the respective fees which are defined by normative act of the Minister of Justice.
The Enforcement Council consists of the General Secretary of the Minister of Justice, General Director of Judicial Enforcement Service, Director of the Staff, Organisation and Service Directorate in the Ministry, Chair of the Enforcement Office in Tirana and an advisor to the Minister of Justice. The Enforcement Council organises a competition for the appointment of judicial enforcement agents and reviews disciplinary violations committed by them. Judicial Enforcement Agents are Albanian citizens who have full capacity to act, completed high legal education, have not been punished by a final judicial decision for the commission of a criminal offence, have not been removed from the public administration for disciplinary violation within a period of three years. Admission to the enforcement service is done through a competition organised by the Enforcement Council. Enforcement Agents have the right to participate in trade unions and professional associations, be provided with health treatment and social insurance for them and family members, have their work trip expenses paid, be trained by the state for their professional improvement. The Judicial Enforcement agent is provided with an identification document which he shows whenever performing the duties. The document is used only during exercise of duty or because of it. When the health of the judicial enforcement agent, his family or property of the judicial enforcement agent is damaged during exercise of duty or because of it, the state guarantees special protection, which conditions and manner are defined by the DCM.
The Judicial Enforcement agent who violates the rules foreseen in the legal and sublegal acts linked to his duty or fails to apply the rules and there is no room for criminal responsibility, shall be punished by one of the following measures:
The judicial enforcement agent may perform no other duty or public activity, other than educational activity and teaching. He must not have any employment relationship or perform activities which are in conflict of interest with the duty performed by him. He should not be member of central bodies or executive of political parties. The judicial enforcement agent who deems that there are reasons not to be involved in the execution of a case, shall request the chair of the enforcement office to replace him. The judicial enforcement agent may be suspended from duty by order of the Director General, if criminal prosecution is initiated against him until a final decision is taken. The judicial enforcement agent is suspended when called to military service or for study and qualification periods following the approval by the Director General. The judicial enforcement agent shall not be paid, but his workplace shall be maintained. The judicial enforcement agent is released from duty when he/she reaches the defined age, becomes incapable for one year because of health issues, loses capacity to act, upon own request, is admitted contrary to the conditions defined in the law. The judicial enforcement agent is dismissed when he/she is punished for the commission of a criminal offence, commits serious disciplinary violations at work, violates discipline at work repeatedly, it is proven that he has used his function for personal or family interest, fails to perform enforcement activity foreseen by the law. Release and dismissal of the judicial enforcement agent is done by the Minister of Justice. Currently, public enforcement service consists of 57 enforcement agents all over the territory of the country. The entire administration of this services consists of 81 employees. It is worth mentioning that a considerable number of executive titles are recorded for execution by the Public Judicial Enforcement Service, and consequently there is a progressive increase of the number of execution cases, and also workload of the judicial enforcement agents, at average 500 cases per judicial enforcement agent, except for the enforcement cases which object is "maintenance" and "child visiting". In 2014, 435.768,188 ALL are disbursed to the state budget, while the budget of the PES in 2014 was 94.500,002 ALL. General Directorate of Enforcement, in the capacity of the public authority in implementing law no. 8730 dated 18.01.2001 "On organisation and functioning of the Judicial Enforcement Service" guarantees equal enforcement of legal and sublegal acts, and also practices in the field of procedural activity of enforcement of executive titles. This legal responsibility of central level of organisation encourages the commitment to attain the objective of the Government for the execution of executive titles to 100% by the public judicial enforcement service. When the financial profit for the state budget remains evident, by guaranteeing as well non-discriminatory procedures against citizens from state body, which existence is becoming more and more effective, it is considered productive and logical at the same time for the executive and the local government to use a mechanisms which is a guarantor of proper functioning of the execution of court decisions. The additions to the organisational structure of the Public Judicial Enforcement Service, completion with professional capacities and financial motivation, in order to execute judicial decisions and fulfil the commitment of the Government for execution of executive titles to 100% extent is a necessity in the activity of execution of executive titles. Other developments in the judiciary regarding infrastructure Construction infrastructure in the Republic of Albania consists of a total number of 32 court buildings. There are 38 courts of the three instances of the judiciary, including the administrative courts created at the end of 2013, but some of them share premises with district courts. Following the investment made throughout the years, it results that contemporary standards are guaranteed in the newly constructed or reconstructed courts. The new court buildings provide for the necessary work premises for the judges and judicial administration in such a way so as to facilitate communication and daily work, courtrooms for the holding of court proceedings in a solemn way, special premises for the service to the public, which provides for all the possibilities for a qualitative, quick and transparent service, proper internal functional scheme and separation of the entry flows in the courts. With the investments to the existing buildings, which have been subject to full reconstruction, the missing standards in these courts have been achieved. Currently, the work conditions of service are considerably improved in 19 courts where investment are being made. Of them, new buildings are constructed for 7 courts and 12 other court are fully reconstructed. During 2014, the construction of the new building of the Court of Appeal of Shkodra started and it is ongoing. In 2015/2016 a reconstruction of the Administrative Appeal Court of Tirana is planned. Moreover, for 2015/2017 a construction of a new building for the Judicial District Court of Elbasan is planned. Needs study is done for the remaining of the courts and the necessary aspects of improvement of their condition are assessed. Depending on the identified needs, two main directions for investment to the buildings of these courts are defined- construction of new buildings and full reconstruction which may include even additions to the existing building. The first group consists of: the High Court, Tirana first instance and appeal court, judicial district court of Shkodra, Judicial District Court of Durres, Judicial District Court of Berat. So far investment is made to improve certain aspects of the buildings as for instance internal adaptations to increase the number of offices for judges and administrative staff, establishment of the premise for public service, increase of the number of courtrooms and other improvements. Despite the interventions, the main problems of these courts related to insufficient premises and an internal functional scheme, remain to be solved. The definitive solution for these courts is considered to be the construction of new buildings. The new buildings are the optimal solution to the problems of the courts, inter alia even to the development of court proceedings in a quick and transparent way. In this regard, investment for court building is a challenge of the future, which requires budgetary support and provision of the necessary site for new constructions. Courts of Tirana- High Court, Appeal Court and Judicial District Court of Tirana were planned to be accommodated in the Palace of Justice, to be constructed under IPA 2012. As this project will not be implemented, they have to be treated by the state budget. The second group consists of: Judicial district court of Kukes, Gjirokaster and Permet. In the study of the needs of these courts, their staff and the current situation of their buildings, it is considered that reconstruction work is possible, and it will satisfy these needs. CEPEJ (European Commission for the Efficiency of Justice) Report and other reports of foreign experts follow closely the progress made in the justice sector, assess increasingly the need to increase the budget of the courts, in order to ensure conditions of work and trial and provisions of services to the public in compliance with the standards of the European Union. Based on a medium-term development plan on interventions in construction infrastructure of the court buildings prepared by the Office for infrastructural interventions in the judiciary there will be needed a fund allocation of 450 thousand ALL or 3.2 million EUR annually, so as to make the necessary interventions in 18 courts until 2020. Interventions in infrastructure are followed by complementary investment in furniture for the offices, rooms and other premises in line with the norms of solemnity and security of the courts. Moreover, investment is made on annual basis to meet the needs of the courts for office furniture because of the changes to the organisational structure of the court or replacement of out of use equipment, so as to create better conditions for work and trial. Concerning security, currently there is no model studies and full expertise to guarantee security of all the parties in proceedings. Regardless this, numerous investments have been made to increase security at courts, including separate entrances for staff and members of the public, card entry devices, arm detection equipment, CCTV cameras, fire alarms. Use of information technology in court proceedings is already an important step as regards the due legal process in the country. Use of ICMIS system, audio recording and software of the calendar of courtroom management have improved significantly the court proceedings. Such systems have had a positive impact on the proper administration of cases; increase of solemnity in trial, professionalism and ethics of communication between the parties participating in court proceedings; increase of public access to court services etc. In order to guarantee full and uninterrupted functioning of these systems, it is necessary to invest annually to replace the existing electronic devices and to meet the new emerging need of the courts in their regard. Reporting on the activities during September 2014 - April 2015 The following is the reporting on new developments taking place during this period.
Such investment is made to maintain the achieved level for the functioning of the case management programme and also supporting other projects for digitalisation of the work processes and increase of transparency. A budget of 45 million ALL or 322 thousand EUR is allocated in 2015 to meet the needs of the courts for electronic equipment. This fund will make possible the replacement and fulfilment of new needs for: 167 computers and UPS, 126 printers, 9 copy machines; and replacement of 10 servers and UPS server. Moreover, investment will be made to continue the project of digitalisation of the financial activity even in other courts.
23.2 Anti-corruption policy Track Record The track record of investigation, prosecution and convictions of corruption cases, has improved showing signs of an increased number of cases registered for corruption offences. A significant number of investigations were initiated, including cases against judges and prosecutors, locally elected officials as well as ministers of the previous government. A significant number of cases regarding high level officials and public officials comes also from HIDAACI and cases related to the non-declaration or false declaration of assets, as well as to money laundering. For the period of time 2014- 2015, 117 referrals were forwarded to the prosecution office, 74 out of which concern the year 2014 and 43 new criminal charges were filed within 2015. For the period of time September 2014 - 23 April 2015, HIDACCI has forwarded to GPO 69 referrals/criminal charges. It is notable that, 6 are judges and 2 prosecutors, 2 are MP’s while there are also several other high ranking officials. While several of the cases have been prosecuted and taken to court, cases of high level officials are still under investigation. Several obstacles to investigations of corruption have been noted and the Government has already taken steps to draft legal amendments to the Criminal Procedure Code, in an effort to increase the effectiveness of investigations. Moreover, further amendments are required, which need to become a part of the justice reform. Institutional framework Directory: files -> documents files files -> Fall 2013 Spring 2014 Program Data: Standard 1 Exhibit 4d files -> Hanban – asia society confucius classrooms network 2010 request for proposal files -> Northern England’s set-jetting locations documents files -> Report: Shelter Support Mission to Afghanistan documents files -> Information and Communication Technologies for Reconstruction and Development Afghanistan Challenges and Opportunities documents files -> Humanitarian Civil-Military Coordination in Emergencies: Towards a Predictable Model documents files -> Rapid Education Needs Assessment Report documents files -> H Report of a Workshop on Coordinating Regional Capacity Building on Gender Responsive Humanitarian Action in Asia-Pacific documents files -> Arizona Department of Administration Risk Management Statewide Motor Vehicle Safety Policy Download 3.84 Mb. Share with your friends:
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