Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents

NSDI, budget and Medium-Term Budget Programme and the National Plan for European Integration constitute the main pillars of the Integrated Planning System.

Starting from February 2015, the first phase (short term) of the reform will focus in shaping the investment management model aiming to drive revival and synergy of development potential. It will be followed by an intermediate phase (medium term) of modelling the framework of regional management, as a consolidation phase of projects, decocentrated agencies and sectorial programs. Such model will:

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  Promote networking and partnering, providing an orientation towards a sectorial territorial approach vs sectorial (vertical) / institutional (horizontal);
  
• 
  Provide management of investments vs actual coordination (regarding content, location, impact);
  
• 
  Follow up on improvement of effectiveness and efficiency of funds used;
  
• 
  Improve the absorption rate and impact the regional development;
  
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  Provide for visibility-public trust building on a future for development, aiming to vitalise private energy and participation on development too.
  

Regional Development Fund (RDF) is also included as part of the reform. RDF is conceived as an instrument to promote economic development potential and mechanism that generates growth, forging identities, and enhances the competitiveness of our economy among regional economies.

In 2015, according to Law No 160/2014 of 27.11.2014 “On the 2015 State Budget”, 140 million USD are allocated to RDF, or approximately 42% of the total capital expenditures foreseen in the 2015 state budget. In addition, the Law includes some elements of innovation budgets in the context of the RDF reform, such as for inclusion for the first time, of the Digital Albania program, as one of the main pillars of RDF, which mimic two “priority axis” of EU ERDF: Innovation and ICT.
The Regional Development Fund aim to:

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  improve management mechanisms for regional development, establishing incentive instruments of their creation, the two concepts of “inter-local partnership” and “regional”, to stimulate the creation of regional development actors and prepared right place performance structural funds of the EU concept of “NUTS-regions”. This supports the policy objectives of territorial reform;
  
• 
  include the concept of Operational Programmes (according to EU Regulations for EU ERDF / Operational Programs), to create capacity and programming tradition of Albania, when it is Eligible for EU Structural Funds (the negotiations) and to benefit from funding the ERDF;
  
• 
  introduce the concept of “inter-local partnership” and “regional partnership” in implementing projects, including partnerships not only between local government units, but also with regional partnerships with development agencies, non-profit organizations, and private entities for investment the participation;
  
• 
  establish concepts of “Strategic Management” in the management of the Fund, based on priority investment pillars and documents programs and subprograms, to avoid the practice of fragmentation of the fund, according to the needs of small and without impact in supporting the rebirth of urban and regional centres.
  

At its first meeting, the Committee for Regional Development adopted the RD Operational Programme for the period 2015-2016, as well as funding priorities.

In parallel to strategy drafting, MEI has instructed the relevant institutions to start completing the Sector Planning Documents; they will be constantly assisted by MEI experts who have delivered tailored-made training to institutions. Drafting of Sector Planning Documents (SPD) for IPA 2016 is expected to be finalized by June 2015.

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  EU Integration Facility (6 Million Euro)
  
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  Support to participation to Union Programmes (1 Million Euro)
  
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  Civil Society Facility (2 Million Euro)
  
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1. 
   Pre-feasibility Study and Traffic Modeling for new Railway line Albania – Kosovo. Grant requested amounts to 0.5 Mln EUR
   

2. 
   Feasibility Study for the rehabilitation of the railway line Durrës – Pogradec -Lin-and new rail line link to border with FYROM-Albania. Grant requested amounts to 0.7 Mln EUR
   

Regarding regional and horizontal program IPA Multi-beneficiary, the Commission has sent for comments the package with projects of IPA 2015 programming. Comments from Albanian institutions are sent to Commission for further consideration.

For 6 out 7 projects, attributed to Albanian Authorities for implementation under IPA 2013, procurement procedures are launched. ToRs have been prepared for all projects and the pre-selection procedure is completed for 2 of them. The start of contracts implementation is expected during September-October 2015.

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  A sustainable and prudent fiscal framework,
  
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  Well integrated and efficient planning and budgeting of public expenditure,
  
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  Efficient execution of the budget,
  
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  Transparent Government Reporting,
  
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  Effective system of internal control at public units,
  
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  Effective external oversight of the public finances.
  

This document was prepared in close cooperation with other state institutions, civil society and also with the valuable suggestions of the Albania’s development partners.

CHAPTER 23: JUDICIARY AND FUNDAMENTAL RIGHTS

1. 
   he has an interest in the proceeding or one of the private parties or a defense attorney is his/her spouse or children debtor or creditor;
   
2. 
   he is a trustee, representative or employee of the defendant or one of the private parties or if the defense attorney or representative of one of these parties is his/her spouse close kinship;
   
3. 
   he has given advice or expressed an opinion on the subject of the proceeding; ç) there are disputes between him, his spouse or any of his close relatives with the defendant or one of the private parties;
   
4. 
   any of his own or his spouse's relatives has been harmed or damaged by the criminal offence; dh) any of his or his spouse’s relatives performs or has served as a prosecutor in the same proceeding;
   
5. 
   one of the incompatibility circumstances provided by Articles 15 and 16 exists;
   
6. 
   there are other important grounds of bias.
   

The resignation shall be submitted to the chief judge of the respective court. Moreover, the parties ask for the disqualification of a judge: a) in cases provided for by Articles 15, 16 and 17; b) if while during exercising the functions and prior to issuing the decision, he has expressed his opinion about the facts or circumstances subject of the proceedings. The judge may not issue or participate in the issuing of the decision unless the petition for his disqualification has been considered unacceptable or rejected.

1. 
   he has an interest in the case or in another dispute which is related to it in the trial.
   
2. 
   he or his spouse has kin relations to the fourth degree or in-law to the second degree, or is related by obligations of child adoption, or lives together in a permanently with one of the parties or attorneys.
   
3. 
   he or his spouse is in legal conflict or in enmity or in relations of credit or loan with one of the parties or one of the representatives.
   
4. 
   he has given advise or has expressed opinion on the case in trial or has participated in the trial of the case in a different level of the process, has been questioned as a witness, as expert or representative of one or the other party.
   
5. 
   he is guardian, employer of one of the parties, administrator or has another task in an entity, association, society or other institution which has interests in the case in trial.
   
6. 
   in any other event when, according to concrete circumstances, serious reasons for partiality are verified.
   

The request for resignation is presented to the chairman of the respective court who decides. The chairman of the Court of Appeal decides on the presentation of the resignation of the chairman of the district court, and the Chair of the High Court decides on the request of the chairman of the Court of Appeal. The parties are notified on the content of the request. The judge who on his conscience assesses that there are reasonable causes not to take part in the revision of a case, requests the chairman of the court to be replaced. When Chairman of the court deems relevant the request orders his replacement with another judge through lot.

The request for special protection is submitted in writing to the committee by the judge or the representative of the State Police in the committee or duly authorised representative. The request for special protection is submitted to the HCJ by the representative of the State Police or duly authorised representative, when there is reliable data which prove that the life, family or property of the judge are at risk. The representative of the State Police informs the Chair immediately and the latter calls the meeting of the committee. When the risk against the judge is serious and immediate, the representative of the State Police in the committee orders the structures of the State Police to take immediate measure to guarantee life, family or property of judge, until the meeting of this committee. The committee after processing the request shall consider the measures taken by the structures of the State Police and it shall decide, when appropriate, that they remain effective. The committee processes the submitted request and, when satisfied for the need to ensure protection to the judge, it shall take the respective decision. The decision shall indicate concrete measures of special protection, the number of personal escort, when appropriate, the time limit within which protection is to be provided and also other measures linked to the protection. 

The Ministry of Justice, during the period September 2014 - April 2015 deposited with the HCJ requests for disciplinary proceedings against 10 judges; against 3 judges it proposed the disciplinary measure "dismissal from duty", against 3 judges "reprimand with warning" and against 1 judge "transfer for 1-2 years to another court". In relation to these requests, HCJ has taken the disciplinary measure "reprimand with warning" against 2 judges; has overturned the requests for disciplinary proceedings against 4 judges and it is processing requests for 4 other judges.

1. 
   The Head of the High Court, who performs concurrently the function of the Head of the Steering Council;
   
2. 
   The General Prosecutor,
   
3. 
   The Vice Head of the High Council of Justice;
   
4. 
   An experienced judge and prosecutor nominated from the National Judicial Conference and the General Meeting of Prosecutors;
   
5. 
   Two representatives nominated from the Minister of Justice;
   
6. 
   The Head of the National Chamber of Advocacy;
   
7. 
   A representative of the Ministry of Education and Sports nominated among the members of the Commission of the Appreciation of Academic Titles of well-known experience in the judicial ground;
   
8. 
   The Director of the School of Magistrates;
   
9. 
   The responsible of the initial and continuous training;
   
10. 
    Two internal professors of the School of Magistrates and also
    
11. 
    Two students chosen on secret voting from the Assembly of Candidates for Magistrate, frequenting primary education.
    

The Director of the School of Magistrates is nominated by the Steering Council of the School.

• 
  The professional initial theoretical and practical formation of the candidates for magistrates;
  
• 
  The professional continuous education of judges and prosecutors on duty;
  
• 
  The realization of the activities of the professional formation of the personnel of the judicial administration, as well as of other professions related with the justice system, in accordance with the law or with the request of interested institutions, depending on free capacities, as well as of the funds it has in disposition from the responsible institutions or donors;
  
• 
  Preparation and dissemination of publications;
  
• 
  Scientific researches and preparation of analysis, memo of expertise from the Legal and Scientific Clinics of the School of Magistrates, (the candidates for magistrate under the guidance of their professors), in the support of the judicial institutions, such as the High Court, the Constitutional Court and the General Prosecutor, as well as in the assistance of the drafting process for the Parliament and for the Ministry of Justice.
  

The recent amendments of the Law no. 8136, dated 31.7.1996 “On the School of Magistrates of the Republic of Albania”, (as amended) and its Internal Regulations have clearly established the rules on the recruitment of new judges and prosecutors into the direction of the objectiveness in selection, free from political and social influences, improving continually the admission criteria in this School into the direction of the quality and professionalism.

1. 
   The information of magistrates on the group and the nature of the rules existing typically into the Codes of Ethics, as well as the responsibilities related with them;
   
2. 
   The preparation for the opposition with the situations of ethical problems, which characterize the legal profession in Albania;
   
3. 
   The encouragement of the magistrates to further explore different aspects of ethical obligations, to contribute to the growth of the quality of their job, especially in relation with the responsibility and transparency of their profession.
   

This issue also has a specific position even in the continuous training program for judges and prosecutors in duty.

1. 
   The right to be registered as a candidate for the Program of the Initial Education, is enjoyed by all law graduates (irrespective whether the degree is obtained in Albania or abroad);
   
2. 
   The candidates must have an average grade over 8 (eight) on the condition of not falling below this grade in the main subjects, which include: Civil law and Law of Obligations, Penal Law, Civil Procedure, Penal Procedure, Administrative Law and Constitutional Law. For those graduated as "Jurist" in the university programs in foreign language, a coefficient of difficulty is provided equivalent with 1.2, which will balance their factual average grade;
   
3. 
   Candidates do not have a criminal record;
   
4. 
   The right to compete into the School of Magistrates belongs to every student up to three times;
   
5. 
   The former School internal staff are not allowed to compete into the School of Magistrates as well as family members or people related with them, for a period of time up to one year from the time of the interruption of their work relations with the School of Magistrates.
   
6. 
   The candidates have to present evidence, certificates and recommendations from individuals and institutions where they have lived and worked in the previous five years.
   
7. 
   Candidates have to provide certificates proving good command of English language (on the basis of the international tests recognized by the Ministry of Education and Sport).
   

The candidates who meet the above mentioned criteria have the right to take part into the admittance test, a process in which they get tested even for their knowledge into the subject of professional Ethics, which is ranked into the list of subjects of the general knowledge of the test done to the new magistrates during the first selection phase of the admission test.

After this phase, the candidates, who pass it collecting not less than 60 % of the points get subjected to an interview in group and individually in the oral form in relation with the abilities of the civic communication and the psychological adaptability and the mental health of every competitor with the profession of the judge and prosecutor.