€¦  · web viewprotocol xvi of the european convention on human rights, european and albanian...

74
REPUBLIC OF ALBANIA SCHOOL OF MAGISTRATES DIRECTIVE COUNCIL No.______ Prot. Tirana, on _____________ 2018 APPROVED _______________ Prof. Dr. Xhezair ZAGANJORI HEAD OF THE DIRECTIVE COUNCIL TABLE OF COURSES FOR THE ACADEMIC YEAR 2018-2019 No. Dates 1 Donors Experts, facilitators, Moderators 2 CODES/GROUNDS 3 Place of developmen t / RP / 1 Dates are flexible up to the moment of coordination with experts depending on their possibility/impossibility. On the receiving of the final format calendar dates are changed only for specific and very objective reasons, and only if is not sent the invitation to the participants, or because of objective unforeseen reasons coming during the implementation of this activity plan. 2 Names of experts or of facilitators are the names of those who have applied/ are suggested/ or have been present in former activities. EA- LA means expert/facilitator who has applied according to the formats of the SchM website. 3 In each topic will be shown carefulness that experts may bring the actual problematic from the viewpoint of the Albanian jurisprudence and that of ECHR and of ECJ according to the case. 1

Upload: others

Post on 04-Nov-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

REPUBLIC OF ALBANIA SCHOOL OF MAGISTRATES

DIRECTIVE COUNCIL

No.______ Prot. Tirana, on _____________ 2018

APPROVED

_______________ Prof. Dr. Xhezair ZAGANJORIHEAD OF THE DIRECTIVE COUNCIL

TABLE OF COURSES FOR THE ACADEMIC YEAR 2018-2019

No. Dates 1 Donors Experts,facilitators,Moderators 2

CODES/GROUNDS 3 Place of development /

RP /OCTOBER 2018

1. 5 October 2018

CoE / JUFREX Darian PavliFlutura Kusari

Challenges of the application of the European standards in the freedom of expression into the Albanian context (scientific conference).

Tirana CT

2. 8 October 2018

CoE / JUFREX Darian PavliKreshnik AjaziJoana Qeleshi

Freedom of expression and media – standards anticipated from ECoHR and ECHR jurisprudence and their application into the Albanian context (training for judges/prosecutors).

Fier

1 Dates are flexible up to the moment of coordination with experts depending on their possibility/impossibility. On the receiving of the final format calendar dates are changed only for specific and very objective reasons, and only if is not sent the invitation to the participants, or because of objective unforeseen reasons coming during the implementation of this activity plan.2 Names of experts or of facilitators are the names of those who have applied/ are suggested/ or have been present in former activities. EA- LA means expert/facilitator who has applied according to the formats of the SchM website. 3 In each topic will be shown carefulness that experts may bring the actual problematic from the viewpoint of the Albanian jurisprudence and that of ECHR and of ECJ according to the case.

1

Page 2: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

3. 9 October 2018

CoE / JUFREX Darian PavliKreshnik AjaziAlbana Boksi

Freedom of expression and media – standards anticipated from ECtHR and ECHR jurisprudence and their application into the Albanian context (training for judges/prosecutors).

Shkodra

4. 15 October 2018

EURALIUS / SchM

Idlir PeçiModerator Sokol BerberiDashamir Kore

On the organization and the evaluation of the activities of mentoring during the professional practice in the third year of the Initial Training in the School of Magistrates.

SchM

5. 15-16 October 2018

SIDA International Expert:Mikael SëahnNicklas EnglundNational Expert:Joana Qeleshi Elina Kombi (Zgjani)

Juvenile Criminal justice, children in conflict with law. Tirana International

Hotel

6. 22 October 2018

Ministry of Culture

Elira KokonaTomas Dillon – The World Intellectual Property Organization

Ministry of Culture Sofjan JaupajLedina Beqiraj

The respectation of copyright for judges, prosecutors and lawyers and other implementing institutions.

Tirana

7. 23-26 October 2018

USAID / JFA (Project Justice for All)

USAID Expert Advanced methods of training (The work group for the composition of the program of court administration).

Tirana

8. 25-26 October 2018

Foundation for Conflict Resolution and Reconciliation of Disputes

International Expert:National Expert:Nejla Peka (Osmani)

Prevention, restoring justice and mediation for minors. Korça

9. 26 October 2018

CoE / JUFREX Darian PavliDaniela Sulaj (Konica)

The investigation of cases related to the safety of journalists (thematic workshop for prosecutors including representatives of law).

Tirana

2

Page 3: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Ndini Tavani 10. 29-30

October 2018

SchM Expert:Evis Alimehmeti Aida Bushati

Facilitator:Engert Pëllumbi

Protocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court for the ECtHR according to Protocol XVI of ECHR. The collision of Protocol XVI of ECHR with prejudgment applications at the European Court of Justice according to the European Union Law. Models of incidental judgment according to legislations of different countries.

Tirana

11. 29-30 October 2018

SchM Expert:Argita Malltezi Ardjana Shehi (Kalo)

Facilitator:Teuta Hoxha

Legislation on traders and trade associations. Reorganisation of trade associations (unification, division, liquidation). Legal and economical criteria that might be implemented by trade associations: problems evidenced by t he judicial practice.

Tirana

12. 29-30 October 2018

SchM Expert:Sokol Berberi Arta Vorpsi

Facilitator:Florjan Kalaja

Constitutional incidental control; The evolution of the constitutional incidental control; Procedural reflections; The principle of supremacy, the principle of direct effect, and the principle of functional constitutionality according to the jurisprudence of the Constitutional Court.

Tirana

13. 31 October 2018

SchM Expert:Artan Hajdari

Facilitator:Sonjela Voskopi

The establishment of international jurisdiction according to Private International Law and Code of Civil Procedure with its innovations.

Tirana

14. 31 October 2018

OSCE Sandër Simoni; Aurela Anastas; Elizabeta Imeraj

Victims and the criminal process. Changes and additions in law no. 35/2017 and international standards. Protection from revictimisation. Problems of civil lawsuit in the criminal process. Recompensation of victims.

Vlora

NOVEMBER 201815. 1-2

November 2018

OSCE /ADA

Expert:Vangjel KostaAdmir Belishta

Judicial efficiency and the active management of cases with the changes of the Code of Criminal Procedure and the Code of Civil Procedure. Challenges with which are confronted judges, prosecutors, legal defenders and other participants in judgment as belongs to the efficiency of judicial processes (the

Korça

3

Page 4: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Ornela Naqellari

seminar is done with the participation of judges, prosecutors, lawyers of first instance courts and of the appeal of the jurisdiction of the appeal of Korça and Gjirokastra.)

16. 1-2 November 2018

EURALIUS / SchM

EURALIUS ExpertKoraljka BumciGianluigi PratolaSchM Expert Henrik LigoriGurali Brahimllari (the second day)

On some amendments of law no. 10192, date 3.12.2009, on preventing and striking at organised crime, trafficking, corruption and other crimes through preventive measures against assets, (Anti-mafia Law)

Tirana

17. 1-2 November 2018

European Centre

Expert:Nuala Mole (International Expert) Financial Times Innovative LawyerArta MandroIdlir Peçi

ECtHR jurisprudence versus Albania (legal advisors or students of the III rd

class CT). Tirana

18. 5-6 November 2018

SchM Expert:Ilirjana Olldashi Elizabeta Imeraj

Facilitator:Doloreza Musabelliu

The appeal against the decision of the non-start of criminal proceeding and against the decision of the stay of the case or of the accuse, in the case of criminal controversies. The role of the judge of preliminary investigations and of the preliminary seance and problems of the judicial practice.

Tirana

19. 5-6 November 2018

SchM Expert:Vangjel Kosta Altin Shkurti

Facilitator:Ornela Naqellari

Proceedings in the counseling room:Proceedings on the request of parties and ex officio. The notification of the proceeding in the counseling room of parties that have interest. Revocation and the alteration of decisions taken in the counseling room. Parties legitimated to ask for the change or revocation of decisions that are taken in the counseling room. The rights gained by the thirds because of the decisions taken in the counseling room.The procedure of the examination of lawsuits for small amounts. Innovations of this judgment. The manner of the taking of evidences in lawsuits with small amounts. Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims

Tirana

4

Page 5: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Procedure. Judgment in the First Instance Court and in the Appeal in the context of the innovations of the Code of Civil Procedure. • The unification of cases in a single judgment. The meaning of abbreviated judgment in civil cases; • The new procedure of the “notification through public statement," “the role of the executioner in the process of the notification to the court” with focus in the Articles 133 up to 144/a of the Code of Civil Procedure;• Decisions of the judge in preliminary actions; Preparatory séance; The order for the judicial séance; Reconciliation actions; Obligatory court of law with focus in the Articles 158/a - 161 of the Code of Civil Procedure;The judgment of the applications for the notice of the violation of the reasonable deadline, acceleration of proceeding and damage reward with focus in the Articles 399/1 - 399/11 of the Code of Civil Procedure and the Article 109 of the law no. 38/2017.

20. 7-8 November 2018

SchM / CoE

Expert:Elsa Dobjani (Toska) okAnila Karanxha

Facilitator:Entela Nikaj

The judicial process and the fair legal process within a reasonable term. • Unreasonable period of the procedures of judgment and of the administrative process, and of the execution of judgments;• Expectancies by the changes in material and procedural laws. (Civil and criminal procedures, the law on the Constitutional Court etc.; Jurispridence of the Constitutional Court related to reasonable period); • The claim and the application of the effective means for the prevention of violations related to in term judgment;• ECtHR jurisprudence related to the reasonable term. • ECtHR standard for the execution of judgments and the duration of the trial. Acceleration in cases of delays and the construction of an effective mechanism;The judgment of the applications for the notice of the reasonable term, acceleration of procedures and damage reward. The examination of the violation of the reasonable term and the amount of reward according to the criteria established by the jurisprudence of the European Court of Human Rights.

Shkodra

21. 7-8 November

SchM Expert:Ardian Dvorani

Combination of the administrative jurisdiction with the civil one in cases of accomplishment/non-accomplishment of the obligations in an administrative

Tirana

5

Page 6: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2018 Lindita Sinanaj

Facilitator:Erajd Dobjani

contract (enterprise, sale, concession, rent, etc., )• The distinction of the legal basis in the judgment of cases: of the application of the administrative legislation during the phase and procedures for the signing of the contract from the application of the Civil Code during the phase of the execution of the contract.

22. 7-8 November 2018

Foundation for Conflict Resolution and Reconciliation of Disputes

International Expert:National Expert:Elina Kombi

Prevention, restoring justice and mediation for minors. Vlora

23. 9 November 2018

OSCE Sandër Simoni; Aurela Anastas; Elizabeta Imeraj

Victim and the criminal process. Changes and additions in the law no. 35/2017 and international standards. Protection from revictimization. Problems of civil suit in the criminal process. Compensation of victims.

Shkodra

24. 9 November 2018

CoE / JUFREX

Darian PavliAsim Vokshi Margarita Buhali

The right to take information – how the law is implemented in practice? (Thematic workshopfor judges including representatives of Media Regulatory Agency and journalists with experience).

Tirana

25. 12-13 November 2018

SchM Expert:Besnik MuçiIlirjana Olldashi

Facilitator:Daniela Sulaj (Konica)

The implementation of law no. 10192, date 3.12.2009, on preventing and striking at organised crime, trafficking, corruption and other crimes through preventive measures against assets, and its innovations;Criminal assets Investigations, sequestration and confiscation. The process of evidencing and transformation of the burden of evidence. Innovations of additions and changes.

Tirana

26. 12-13 November 2018

SchM Expert:Henrik Ligori Olsian Çela

Facilitator:Erjon Bani

Evidences and the non-usability of evidences taken against law. The report of the invalid act with the usability of the evidence taken by means of it. Comparative point of view with foreign doctrine and jurisprudence.

SchM

27. 13-14 November

SchM Expert: Ethics of communication and its kinds. Written communication. The construction of the text to connect fluency with the content.Verbal and non-

Tirana

6

Page 7: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2018 Arta MandroEvis Alimehmeti

Facilitator:Antonela Prendi

verbal communication to the court; The improvement of conversation communication in court. The role of the judge and the behavior of other procedural actors: prosecutor, defender, defendant, victim. The importance of a correct communication, ethical behavior, the effects of conversation in the giving of a more objective justice and the increase of the performance of the organs of justice.Communication with specific populations. Construction of confidence through spoken language, cultural, social and economic effects. Expressions of effective communication: listening; non-verbal communication; verbal communication; empathy etc.

28. 13-16 November 2018

USAID / JFA (Project Justice for All)

USAID Expert Strategic planning (work group for the formation of the program of court administration).

Tirana

29. 14-15 November 2018

Expert:Luan Hasneziri Fatjona Memçaj

Facilitator:Armanda Xhaferri

Eavesdropping as means to look for the evidence in the criminal process. • The attention to keep the balance with the right for the respect for private and family life. Eavesdropping results and the evidencing value. Judicial practice and international standards.

Tirana

30. 14-15 November 2018

SchM Expert:Altina Nasufi Artur Malaj

Facilitator:Arbena Ahmeti

The obligatory execution of the executive title for administrative cases.• The power of the administrative judge in the execution phase. Decisions and orders received from the judge in the phase of the obligatory execution of the executive title of the sentence of the Administrative Court of the First Instance;• Problematic caused from the judicial practice for this phase.

Tirana

31. 15-16 November 2018

OSCE /ADA

Expert:Admir BelishtaOrnela Naqellari

Facilitator:Engjëllushe Tahiri

Judicial efficiency and the active management of cases with the changes of the Code of Criminal Procedure and the Code of Civil Procedure. Challenges with which are confronted judges, prosecutors, legal defenders and other participants in judgment as belongs to the efficiency of judicial processes (the seminar is done with the participation of judges, prosecutors, lawyers of first instance courts and of the appeal of the jurisdiction of the appeal of Shkodra.)

Shkodra

7

Page 8: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Moderator:Vangjel Kosta

32. 15-16 November 2018

SchM Expert:Dashamir Kore Lulzim Alushaj

Facilitator:Flojera Davidhi)

Omitting prescription and decadence. Meaning; Reasons and importance of prescription institute; Conditions of the existence of the judicial fact of the prescription of lawsuit; Limits of the application of prescription; Terms of prescription; The suspension of prescription; The interruption of prescription; Judicial consequences of the prescription of lawsuit; The difference of prescription from preclusivity and decadence; Prescription in procedural law; The difference of the judicial regime of the prescription of lawsuit in the administrative process and in the civil process; Changes of the CCP of the year 2017 on turndowns in the strict meaning and judicial practice.

SchM

33. 16 November 2018

SchM Expert:Thimjo Kondi Arjana Fullani

Facilitator:Engert Pëllumbi

Limits of judgment in the High Court and the role of the High Court in judicial practice.

Tirana

34. 16 November 2018

CoE / JUFREX

Darian PavliEdlira Petri Gent Ibrahimi

Freedom of expression and the internet (thematic workshop for judges and prosecutors.)

Tirana

35. 19 November 2018

EURALIUS

Thomas TraarDarian PavliSchM expert:Naureda Llagami

Presentation of the innovations of law no. 111/2017, on the judicial assistance guaranteed by the state.

Tirana

36. 20 November 2018

EURALIUS

Thomas TraarDarian PavliSchM Expert:Naureda Llagami

Presentation of the innovations of law no. 111/2017, on the judicial assistance guaranteed by the state.

Tirana

37. 19-20 November 2018

SchM Expert: Sokol BerberiOlta Aliaj

Facilitator:Aulona Hazbiu

Reasoning and judgment. Reasoning of the judicial sentences as constitutional standard – The effect of the CC jurisprudence to the courts. The reasoning of the judicial sentences and the standard of the European Court of Human Rights related to this aspect.

Tirana

8

Page 9: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

38. 20-21 November 2018

SchM Expert:Arta Mandro Ervin Pollozhani

Facilitator:Bezart Kaçkini

The completion of work relations. • Code and problems evidenced from the judicial practice. • Legislation on the judicial relation of employment for employees and employers, in the manner and the causes of the resolution of the work contracts with or without an established deadline. The rights which enjoy legal protection in judicial way.Legislation on the prevention of discrimination in work relations: problems evidenced from the judicial practice.

Tirana

39. 21 November 2018

EURALIUS

Thomas TraarDarian PavliSchM Expert:Naureda Llagami

Presentation of the innovations of law no. 111/2017, on the judicial assistance guaranteed by the state.

Tirana

40. 21 November 2018

SchM Expert:Gent Ibrahimi Margarita Buhali

Facilitator:Florjan Kalaja

Article 10 of ECHR and the evolution of civil responsibility according to ECtHR and changes in the Civil Code.

Tirana

41. 21-22 November 2018

SchM Expert:Saida Dollani Arben Kraja

Facilitator:Kreshnik Ajazi

Integrity of officials and of the agencies of the implementation of the law as well as the war against corruption. Corruption of the high functionaries of justice and of other high state functionaries.

• Corruption as an ethical matter & as a criminal offence.• Legal framework and international standards;• Problems of the judicial practice, in relation to the investigation and the judgment of these criminal offences;• Required standards in professional relations among judges and prosecutors as well as judges/prosecutors and lawyers.

Tirana

42. 23 November 2018

SchM Expert:Vilma Sharofi

Facilitator:Antoneta Sevdari

Value Added Tax – discussion of practical cases; the tax on incomes – practical cases.

Tirana

43. 26-27 November

Save the Children

Expert:Arta Mandro

Alternative custody with basis the family. • Legislation in force on the institute of custody and problematic of

Tirana

9

Page 10: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2018Facilitator:Vjosa Zaimi

judicial practice;• Positive international experiences and ECtHR practice related to the institute of custody;• Problems of the implementation of the legal framework in force and the necessity of the approximation to international standards. Training objectives:• The informing of judges of family law on the alternative custody with basis the family;• Sharing of experiences with homologous Dutch experts;• Recommendations of a group of judges on necessary legal improvements in the Family Code.

44. 26-27 November 2018

SchM / CoE (Ina Papa)

Expert:Valbona Pajo (Bala) Denar Biba

Facilitator:Entela Nikaj

The judicial process and the fair legal process within a reasonable term. • Unreasonable period of the procedures of judgment and of the administrative process, and of the execution of judgments;• Expectancies by the changes in material and procedural laws. (Civil and criminal procedures, the law on the Constitutional Court etc.; Jurispridence of the Constitutional Court related to reasonable period); • The claim and the application of the effective means for the prevention of violations related to in term judgment;• ECtHR jurisprudence related to the reasonable term. • ECtHR standard for the execution of judgments and the duration of the trial. Acceleration in cases of delays and the construction of an effective mechanism;The judgment of the applications for the notice of the reasonable term, acceleration of procedures and damage reward. The examination of the violation of the reasonable term and the amount of reward according to the criteria established by the jurisprudence of the European Court of Human Rights.

Korça

45. 26-27 November 2018

SchM / IRZ

Expert:Day I:Ardjana Shehi (Kalo) OkFjoralba Caka

Consumer rights • Developments in the legislation of the protection of consumers in the EU context and the most important matters related to practices of unfair trade and such conditions in a contract; • Definitions of the consumer and of the trader, the field of the activity of consumers protection;

Tirana

10

Page 11: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Arbena Ahmeti

Day II;Expert:Ardjana Shehi (Kalo)Arbena Ahmeti

Facilitator:Fjoralba Caka

• The main provisions of the Directive on consumer rights (CRD) (2011/83 / EU); The alternative resolution for consumer disputes (Directive 2013/11 / EU); on online dispute resolution for consumer disputes (Regulation (EU) No 524/2013); • Unfair Commercial Practices (Directive 2005/29 / EC): main rules and practical cases; on unfair terms in consumer contracts (Directive 93/13 / EEC): main rules and practical cases.

DECEMBER 201846. 3-4

December 2018

EURALIUS / SchM

EURALIUS Expert:Gianluigi Pratola

SchM Expert:Artan Hoxha Enkeledi Hajro

Facilitator Joana Qeleshi

Moderator:Henrik Ligori

On some amendments in the Code of Criminal Procedure – “The judge of the preliminary séance.”The role of the judge of the preliminary séance, innovations and the progress of judicial practice.Preliminary séance, as one of the innovations of the Code of Criminal Procedure, through law no. 35/2017, in the Code of Criminal Procedure. Features of the preliminary séance and the rights of parties. Decision for the completion of investigations. The change of the accuse in the preliminary séance. Presentation of the application for abbreviated judgment in the preliminary séance and the role of the judge of the preliminary séance in its judgment. Types of sentences taken by the judge at the end of the preliminary séance. The elements of the judgment of the preliminary séance and the filing of the judgment.

Tirana

47. 3-4 December 2018

SchM / OSCE

Expert:Ilir Panda Facilitator:Elina Kombi (Zgjani) Eriselda Bala

The minor victim in the criminal process. The minor victim of criminal offences of sexual nature. ECtHR standards with regard to the interrogation of the minor and the usage of the declarations of the minor as evidence in the criminal process. Innovations of legal changes in the Code of Criminal Procedure, as well as in the Code of Criminal Justice for Children. The minor victim of trafficking and exploitation. Innovations in the Code of Criminal Procedure, in the Code of Criminal Justice for Children and in the law no. 18/2017, on the rights of the child and protection.

Tirana

48. 4 Decemb

SchM Expert:Elira Kokona

To find, to understand and to cite the ECtHR practice. Analysis and practical directives.

Tirana

11

Page 12: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

er 2018 Idlir Peçi

Facilitator:Ersida Sefa

49. 4-5 December 2018

SIDA / SchM Swedish Experts Susanne AllgårdhKarin Lundström Kron

National expert:Tereza Merkaj (Lani)Erjon BaniElina Kombi

Juvenile Criminal justice, children in conflict with law. Tirana International

Hotel

50. 5-6 December 2018

SchM Expert:Margarita Buhali Gurali Brahimllari

Facilitator:Florjan Kalaja

Judgment in absentia: Judgment in absentia according to the European Convention on Human Rights; Jurisprudence of the European Court of Human Rights with main focus the presence of the defendant in judgment; Problems of the Albanian judicial practice, after changes in the Code of Criminal Procedure by law no. 35/2017.

Tirana

51. 5-6 December 2018

SchM Expert:Marsida Xhaferllari Evelina Qirjako

Facilitator:Ina Hoxhaj

The process of proof in the civil judgment. The object of dispute. Claims of parties. Facts of the matter. The evidence; Judicial statement. Judicial statement and extra judicial statement; Statement: proof or instrument for the discharge from the burden of proof; Judicial statement: a) formal statement; b) non-formal statement.

Tirana

52. 7 December 2018

OSCE Sandër Simoni; Aurela Anastas; Elizabeta Imeraj

Victim and the criminal process. Changes and additions in the law no. 35/2017 and international standards. Protection from revictimization. Problems of civil suit in the criminal process. Compensation of victims.

Tirana

53. 7 December 2018

CoE / JUFREX

Darian PavliSotir Kllapi Joana Qeleshi

Freedom of expression and media – Standards anticipated by the ECHR and the ECtHR jurisprudence and their application in the Albanian context (Training for judges/prosecutors.)

Gjirokastra

54. 13-14 December 2018

SchM / CoE (Ina Papa)

Day IExpert:Adea Pirdeni

The judicial process and the fair legal process within a reasonable term. • Unreasonable period of the procedures of judgment and of the administrative process, and of the execution of judgments;

Vlora

12

Page 13: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Elsa Toska (Dobjani) Facilitator:Entela Nikaj Anila Karanxha

Day IIExpert:Anila Karanxha Elsa Toska (Dobjani)

Facilitator:Entela Nikaj Adea Pirdeni

• Expectancies by the changes in material and procedural laws. (Civil and criminal procedures, the law on the Constitutional Court etc.; Jurispridence of the Constitutional Court related to reasonable period); • The claim and the application of the effective means for the prevention of violations related to in term judgment;• ECtHR jurisprudence related to the reasonable term. • ECtHR standard for the execution of judgments and the duration of the trial. Acceleration in cases of delays and the construction of an effective mechanism;The judgment of the applications for the notice of the reasonable term, acceleration of procedures and damage reward. The examination of the violation of the reasonable term and the amount of reward according to the criteria established by the jurisprudence of the European Court of Human Rights.

55. 13-14 December 2018

SchM Expert:Perikli Zaharia Evis Alimehmeti

Facilitator:Nurjeta Tafa

Rules and ethical standards for judges according to the regulatory framework in force and the expected changes.• The new constitutional regulation in relation to the Judicial High Council, High Judicial Inspector, the Advisor of Ethics etc. Disciplinary violations according to the law no. 96/2016, On the status on judges and prosecutors in the Republic of Albania.• Standards of professional ethics during the exercise of the duty and out of it, regulations that might find application in the Code of Ethics and the efficiency of the implementation mechanism;• Professional and ethical evaluation of judges (basic data on the procedure and the criteria, as well as approximation with the best European standards and practices).

Tirana

56. 13-14 December 2018

Foundation for Conflict Resolution and Reconciliation of Disputes

International Expert:National expert:Nejla Peka (Osmani)

Prevention, restorative justice and mediation for minors. Tirana

57. 17-18 Decemb

SchM Expert:Idlir Peçi

Legal writing and reasoning. Practical directives on the unification of methodology in the writing of sentences and the Prevention of problems

Tirana

13

Page 14: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

er 2018 Mirela Bogdani

Facilitator:Antonela Prendi

evidenced from practice related to the balanced treatment of all the lements of the judicial judgment.

58. 17-18 December 2018

SchM Expert:Day I:Arta MandroAnila Sulstarova

Facilitator:Livia Nano

Day II:Arta MandroLivia Nano

Facilitator:Anila Sulstarova

Emotional intelligence and the decision-making process. The meaning of emotional intelligence. The importance of emotional intelligence; The analysis of the main components of emotional intelligence: Self-realisation; Self – management; social realization; social wonts; techniques/strategies to improve the emotional intelligence.

Tirana

59. 19-20 December 2018

SchM Expert:

Viktor GumiElira Kokona

Facilitator:Olkeda Lice

Human rights and Biomedicine. • General knowledge on the Convention for the Protection of Human Rights and Dignity of the Human Being related to standards of the application of the progress of biology and medicine;• Scientific search, private life, confidentiality and the right for information;• Euthanasia;• Genetic tests and human DNA;• Prohibition of cloning of human beings;• The transplantation of organs and membranes (cells) of human origin;• Ethical and legal aspects of the organ donation;• International jurisprudence related to Bioethics.

Tirana

60. 19-20 December 2018

SchM / IRZ Expert:Thimjo KondiAida Bushati (Gugu)

The applicable law for extra-contractor obligations. Regulation II of the EU and the confrontation with our substantive law; Interpretation intending the correct application of the Albanian legislation of private international law.

Tirana

14

Page 15: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Erinda Meli Ok

Confrontation of the Regulation with home legislation.

61. 20-21 December 2018

SchM Expert;Mariana Dedi Elvin Lako

Facilitator;Irma Cami

Moderator:Mariana Semini

The evaluation of possibilities of Trademark Confusion cases. Practical cases from the Court of Justice of the European Union and their implementation in Albanian practice. Dishonest trade practices related to the rights of Industrial Property, theoretical and practical analysis. Violations of Intellectual Property on the Internet. Concrete cases from the Albanian and international practice.

Tirana

62. 21 December 2018

SchM Expert:Idlir PeçiAulona Hazbiu

Facilitator:Engert Pëllumbi

Independence and impartiality of the judiciary according to ECHR standards. Justice not only might be done, but also might be seen..

Tirana

JANUARY 201963. 14-15

January 2019

SchM / EURALIUS

Expert:Spiro SpiroAlbana Boksi

Facilitator:Enkeleda Xhengo

Review of the criminal judgment as an instrument of appeal. Changes brought by procedural provisions through law no. 35/2017. Judicial practice and problematic encountered during the implementation of this process. The application of the judgment of the European Court of Human Rights versus Albania as a cause for the rejudgment of the case and the review of the in effect criminal judgment.Comparative view of the institute of the review of the in effect criminal judgment.

Tirana

64. 14-15 January 2019

Expert:Vangjel Kosta

Facilitator:Florjan KalajaIrida Kacerja

The turndown in the civil process. Preliminary actions and actions committed in the preliminary séance by the lone judge, the defending declaration of the accused party in the civil process and the order for the fixing of the judicial séance according to changes by law no. 38/2017.

Tirana

15

Page 16: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

65. 16-17 January 2019

SchM Expert:Altina Nasufi Aulona Hazbiu

Facilitator:Afërdita Maho

Moderator:Sokol Sadushi

Matters of the administrative law – administrative judgment in all levels.• Administrative law;• Nature of the administrative judgment and the authorities of the administrative judge; The influence of the European Union law on national systems of the administrative judgment;• Matters of the legitimation and the competence of administrative courts;• Administrative judgment in the first instance; judgment in appeal and in the High Court.

Tirana

66. 16-17 January 2019

SchM Expert:Marjana Semini Thimjo Kondi

Facilitator:Engert Pëllumbi

The non-accomplishment of contractor obligations and the reward of contractor damage. • Lawsuits deriving from the contract and cases of their making. • Lawsuit for the compensation of the damage in nature.• Lawsuit for the resolution of the contract.• Damage reward as an accessory part of the lawsuits deriving from the contract.• Exceptional cases of the lawsuit for damage reward as an extra contractor lawsuit which is related to the contract, but when this is over by completion, by resolution, or because of the impossibility of completion.Causes of the recourse in the High Court and the change of judgment in the third level according to law no. 38/2017. Extra contractor damage related to dignity and private life. ECtHR jurisprudence related to the cross and balances of the rights that have to do with private life, dignityand the personality of the person, as well as the freedom of expression. Damage compensation in cases of such violations.

Tirana

67. 17-18 January 2019

OSCE/ADA Expert:Enkeledi HajroVangjel Kosta

Facilitator:Joana Qeleshi

Judicial efficiency and the active management of cases with the changes of the Code of Criminal Procedure and the Code of Civil Procedure. Challenges with which are confronted judges, prosecutors, legal defenders and other participants in judgment as belongs to the efficiency of judicial processes (the seminar is done with the participation of judges, prosecutors, lawyers of first instance courts and of the appeal of the jurisdiction of the appeal of Tirana and Durrës)

Tirana

68. 18 January 2019

SchM Expert:Ardjana Shehi (Kalo) Teuta Hoxha

Facilitator:

Legislation on bankruptcy: problems evidenced from the judicial practice. The re-organization of the debtor in bankruptcy procedure; aspects of re-organisation and observation; the role of bankruptcy organs in re-organisation; matters of theory and of the judicial practice related to this option; corresponding innovations of the new law.

Tirana

16

Page 17: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Ejona Lazellari69. 18

January 2019

SchM Expert:Perikli ZahariaBesnik Dervishi

Facilitator:Engert Pëllumbi

Personal data protection and privacy in report with the freedom of expression of technological developments.

Tirana

70. 21-22 January 2019

SchM Expert:Alma Hicka Agim Hysi

ECtHR jurisdiction.• Judicial practice;• ECtHR preliminary process; the handling of applications to the court; judicial procedure; the application of ECtHR judgments;• Simulation of a trial in the ECtHR;• ECtHR jurisprudence as source of the law. Direct implementation of ECHR.

Tirana

71. 21-22 January 2019

SchM Expert:Iva ZajmiFjoralba Caka

Facilitator:Erinda Meli Ok

Bases of the European law. • A summary of judgments from the Court of Justice of the EU;• The application of the EU law from national courts;• Pre-judgment procedures; • Direct lawsuits of the CJEU.

Tirana

72. 23-24 January 2019

SchM Expert:Ardit Mustafaj Elina Kombi

Facilitator:Laurent Fuçia

Juvenile Criminal justice.• International standards related to the principles of friendly justice for minors and the news of the Albanian legislation (Code of Penal Procedure and Code of Penal Justice for minors);• The protection of the best interest of the child; • Procedural position of the minor in and during the penal process according to the Code of Criminal Justice for minors; The prevention of the criminal prosecution of the child in conflict with the law. Procedural rights of the child in conflict with the law.

Tirana

73. 23-24 January 2019

SchM Expert:Vangjel KostaArdian Dvorani

Facilitator:Ina Hoxhaj

Request evidence in civil and administrative process; The document and the request in general; The acceptability of the request evidence in form; Legal evidence: a) Narrative official request; b)Dispositive official request; Common evidence: a) Simple request; b) the start of the evidence through the request; relativisation and nihilisation of the official request, etc.

Tirana

17

Page 18: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

74. 25 January 2019

SchM Expert:Saida Dollani

Facilitator:Altin Dumani

The reformation of the criminal judgment in Appeal. SchM

75. 25 January 2019

SchM Expert;Marjana SeminiMarjana Dedi

Facilitator:Elida Celami

On the application of copyright for the justice system and other legal implementing institutions. The actual situation in Albania related to the legal framework and problematic and challenges of the implementation in practice. The respectation of copyright for judges, prosecutors and lawyers, but even for other implementing institutions.

Tirana

76. 28 January 2019

European Center

Expert:Xhezair ZaganjoriIdlir Peçi

ECtHR standards for the Article 6 of the Convention. Tirana

77. 28 January 2019

PAMECA PAMECA Expert:Rafaelle PicirilloPasquale FimianiEnis Tela

The increase of realization on the environmental crime in Albania. Tirana International Hotel

78. 28 January 2019

SchM Sokol BerberiMarjana SeminiArta Mandro

New and efficient methods for the organization of training - ToT SchM

79. 28-29 January 2019

SchM Expert:Aida Gugu Valbona Vata

Facilitator:Entela Nikaj

Hague Convention with focus on the family law and child law. The role of the judiciary in their implementation.Hague Convention on the Civil Aspects of International Child Abductionand ECtHR jurisprudence. One-day trainings with focus on Hague Conventions obligatory for Albania;• The implementation in practice of the Hague Convention;• The update of the Albanian judiciary with ECtHR jurisprudence.

Tirana

80. 29 January 2019

SchM Sokol BerberiMarjana SeminiArta Mandro

New and efficient methods for the organization of training – ToT SchM

81. 29 January janar 2019

European Center

Expert:Xhezair ZaganjoriIdlir Peçi

ECtHR standards for the Article 6 of the Convention. Tirana

18

Page 19: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

82. 29-30 January 2019

SchM Expert:Dashamir Kore Vangjel Kosta

Facilitator:Ina Hoxhaj

Judgment in absentia in the civil process, along phases and levels of judgment:- Judgment in absentia and its types;- Judgment in absentia in subjective and objective judgments;- Judgment in absentia according to trial parties; - Judgment in absentia as a specific judgment;- Judgment in absentia in judgment phases;- The process of evidencing during the judgment in absentia;- The late presentation of the trial party in absentia;- Causes of appeal on judgment in absentia;- Judgment in absentia in the reviewing judgment;- Obligatory execution in absentia.

Tirana

83. 30-31 January 2019

SchM Expert:Reida Kashta Elda Vrioni

Facilitator:Alma Kodraliu

The approximation of the Albanian legislation with the community law in the field of public procurements. • ECJ practice in the field of public procurements;• ECJ practice with focus on the administrative contract.

Tirana

84. 30-31 January 2019

SchM Expert:Vilma Sharofi Lindita Sinani

Facilitator:Antoneta Sevdari

Legal and practical analysis with effect on the professional qualification in tax area. First day: Criminal offences in tax area. Colaboration of tax authorities with the system of justice. Second day: Appealing procedures of tax administrative acts: a) The examination of appeals for administrative punishments for administrative violations; and b) The complain versus the decisions of the Directorate of Tax Appeal.

Tirana

FEBRUARY 201985. 1

February 2019

SchM Expert:Erjon BaniArtan Hajdari

Facilitator:Diamela Goxha

Civil and criminal responsibility of the organs of trade association in their internal and external function. Matters of theory and of the judicial practice.

Tirana

86. 4-5 February

SchM Expert:Denar Biba

Methodology of reconciliation interpretation of laws with Constitution according to constitutional and judicial jurisprudence. Problematics

Tirana

19

Page 20: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2019 Valbona Pajo

Facilitator:Kaliona Nushi

evidenced by the ECtHR in judgments versus the Albanian state. Lacuna legis. Problematics of practice because of lacuna legis and the manner of their resolution. Offered resolutions in different judicial orders.

87. 4-5 February 2019

SchM Expert:Arta MandroMargarita Buhali

Facilitator:Vjosa Zaimi

The role of the court and of the institutions of the referring mechanism in the application of law no. 18/2017, on the rights and the protection of the child.

Tirana

88. 4-5 February 2019

SchM Expert:Ardian Kalia Aida Bushati (Gugu)

Cases with foreign elements in the civil area.• Jurisdiction of the Albanian courts;• Problems of the application of the foreign law;• Regulation Rome I of the EU and confrontation with our corresponding Material Law;• Execution of the judicial sentences given from foreign courts.

Tirana

89. 5-6 February 2019

SchM /CoE SchM Expert:Klodian Kurushi

Training of prosecutors and judges on investigating/prosecuting and adjudicating ML

Durres

90. 6-7 February 2019

SchM Expert:Nertina Kosova Sandër Simoni

Facilitator:Doloreza Musabelliu

Trafficking in human beings. The investigation and the criminal judgment of the offences of the trafficking in human beings in accordance with the innovations of the Code of Criminal Procedure. The rights of the victim of trafficking during the criminal process.

Tirana

91. 6-7 February 2019

Expert:Naim IsufiVjolanda Theodhori

Facilitator:Marinela Nuni (Osmani)

The approximation of the Albanian legislation with that of the EU in the field of social security by security companies. Problems of the Albanian jurisprudence. ECJ practice in this area.

Tirana

92. 6-7 February

SchM Expert:Alma Hicka

Jurisdiction and civil and administrative judicial competence.Jurisdiction, ground competence, subject and functional competence and the

Tirana

20

Page 21: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2019 Vitore Tusha

Facilitator:Valbona Durraj

Moderator:Sokol Berberi

implementation of the material law in time on cases of recognition, property restitution and compensation.

93. 8 February 2019

Expert:Lulzim AlushajAltin Shkurti

Facilitator:Marsela Dervishi

The invalidity of procedural acts in the civil judgment. Tirana

94. 11 February 2019

European Center

Expert:Xhezair ZaganjoriIdlir Peçi

ECtHR standards for the Article 6 of the Convention. Tirana

95. 11-12 February 2019

SchM Expert:Besnik Maho

Facilitator:Elvana Çiçolli

Usability of procedural acts and the non-usability of evidences in the civil and administrative judgment. The invalidity of procedural acts in the civil process; The non-usability of evidences in the civil process.

Tirana

96. 11-12 February 2019

SchM Expert:Elona StavriVangjel Kosta

Facilitator:Ina Hoxhaj

The process of evidencing during the civil judgment and the features of the act of expertise as evidence:• The obligation of trial parties during this process; • The act of expertise as one of the kinds of evidences referring to the recent changes of the Code of Civil Procedure;• The value of evidences taken during a trial, that later is abrogated by the Court of Appeal and the case is restituted for rejudgment.

Tirana

97. 12 February 2019

European Center

Expert:Xhezair ZaganjoriIdlir Peçi

ECtHR standards for the Article 6 of the Convention. Tirana

98. 13-14 February

SchM Expert:Arta Mandro

Domestic violence and gender violence. The role of the court with focus the problematic of the judicial practice

Tirana

21

Page 22: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2019 Enkeleda Millonai

Facilitator:Mirela Zavalani

1. Obligations deriving from the Istanbul Convention and recommendations of the Grevio Committee for the system of justice. 2. Changes in the law on measures against violence in family relations and the institutional cooperation in the protection of the victims of family violence.3. The circle of subjects that enjoy protection by law no. 9669/2006 and subjects protected by the Article 130/a of the Family Code; 4. The analysis of qualifying circumstances of the Article 130/a of the Criminal Code.

99. 15 February 2019

SchM Expert:Dashamir KoreSokol Ibi

Facilitator:Olkeda Lice

Inheritance lawsuit and problems encountered in the judicial practice related to it. Common and different points of inheritance lawsuit in the object lawsuit (of revendication).”

Tirana

100. 15 February 2019

SchM Expert:Enis Hoxha Besnik Maho

Facilitator:Sonjela Voskopi

Contracts that have as object the realization of a certain condition, intending the passage of real rights. The role of ZRPP in this process.

Tirana

101. 18-19 February 2019

SchM Expert:Sokol SadushiEralda Met’hasani

Facilitator:Bezart Kaçkini

The innovations of the Code of Administrative Procedures in the direction of: • The invalidity and illegitimacy of administrative acts;• The annulment and the abrogation of the administrative acts and of consequences deriving from them. Common and different points between the causes of the absolute invalidity and illegitimacy, as well as annulment and abrogation of the administrative acts.

Tirana

102. 18-20 February 2019

Day 1Eugjen Sotiri/Anita PilikaFacilitator: Silvana Loka (mail address)

Science and law. • Kinds of expertises and the role of the expert in the civil judicial process.• Kinds of expertises and the role of the expert in the family judicial process. • Kinds of expertises and the role of the expert in the criminal judicial

Tirana

22

Page 23: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Day 2Ilirjan Mandro Autotechnician:Mitat Tola,Facilitator:Orest Afezolli

Day 3Topographer Bledi Stefa and Romeo Nazarko

process.

103. 20-21 February 2019

SchM Expert:Sokol BerberiVangjel Kosta

Facilitator:Engert Pëllumbi

The analysis of evidences and evidencing theories.• The investigation of facts and the nature of evidences in the legal context; • Principles of Judicial Proof and Wigmore theory; • Method of analysis and logics; • Probability, weight and force of proof.

Tirana

104. 20-21 February 2019

SchM Expert:Marsida Xhaferllari Gent Ibrahimi

Facilitator:Aulona Hazbiu

The innovations of the Albanian legislation with influence on the status, organization and the activity of the function of the judge and of the prosecutor. • Law on the Management Organs of the Justice System no. 115/2016; • Law on the Status of Judges and of Prosecutors in the Republic of Albania no. 96/2018;• Law on the Organization of the Judicial Power in the Republic of Albania no. 98/2016.

Tirana

105. 21-22 February 2018

SchM / CoE

Expert:Alma HickaVitore Tusha

Facilitator:Engjëllushe Tahiri

Property right from the point of view of the ECtHR jurisprudence and problematic of local legislation and practice.• The innovations of the law no. 133/2015, date 5.12.2015, on the treatment of property and the conclusion of the process of property compensation. Problems encountered in the judicial practice;• The analysis of disputes related to its implementation. Types of sentences that takes ATP and the division of competences between civil and administrative courts; • The analysis of disputes related to decisions of former KKP and former AKKP;

Fier

23

Page 24: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

• General principles of the recognition and fair recompensation of disturbs caused by the unfair profit of properties; • Methodology of the evaluation of recompensation.

106. 22 February 2019

SchM Expert:Besnik Maho+ Specialist by the directory of trademarks Facilitator:Irma Cami

National registration of trademarks. The legal way that might be followed for the deletion of the registration of international character in the case of similar trademarks.

Tirana

107. 22 February 2019

SchM Expert:Saida DollaniKlodjan Skenderaj

Facilitator:Elsa Miha

The application and the efficiency of the judgments of the European Court of Human Rights in internal criminal judgment (national); (procedural law and practice: in the view of letter d) of the Article 450 of the Code of Criminal Procedure).

Tirana

108. 25-26 February 2019

SchM Expert:Perikli Zaharia Evis Alimehmeti

Facilitator:Bledar Bejko

Professional ethics and communication lawyer-judge-prosecutor. Ethics “in” and “out” of trial court. Limits of ethical and non-ethical behaviours. Relations judge – prosecutor- lawyer based on standards of the Council of Europe. (Invitation to Qemal Zaimi)

Tirana

109. 25-26 February 2019

Expert:Marjana SeminiMargarita Buhali

Facilitator:Engjëllushe Tahiri

Enterprise contract in the point of view of the judicial practice.• Nature of judicial relations created between investors and enterprisers in the construction area;• Common and different points between the enterprise contract, sale contract with the reserve of property, sale contract of the future object and contract of the promise for sale;• Judicial problems of the judicial practice for the identification of the nature of the dispute and its resolution; • The signing of more than one contract on the same property (cases of frauds done by construction companies).

Tirana

110. 25-26 February 2019

SchM Expert:Ilir Panda Ardit Mustafa

Juvenile Criminal justice.• International standards related to the principles of friendly justice for minors and the news of the Albanian legislation (Code of Penal Procedure

Tirana

24

Page 25: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Elina Kombi (Zgjani)

and Code of Penal Justice for minors);• The protection of the best interest of the child; • Procedural position of the minor in and during the penal process according to the Code of Criminal Justice for minors; The prevention of the criminal prosecution of the child in conflict with the law. Procedural rights of the child in conflict with the law.

111. 27-28 February 2019

SchM Expert:Valentina KondiliArdian Dvorani

Expert:Ejona Lazellari

Obligations which derive from pre-contractor phase.• The nature of responsibilities in the pre-contractor phase and the nature of damage: contractor or extra contractor;• The instant of the signature of the contract based on the moment of the accordance of the contractor will of parties;• Forms of the presentation of the will in the pre-contractor phase and their consequences;• Withdrawal from the signature of the contract and its consequences;

Tirana

112. 27-28 February 2019

SchM Expert:Aida Bushati (Gugu) Erjon Muharremi

Facilitator:Entela Nikaj

Pre-judgment sentences of the European Court of Human Rights. • Legal basis and the importance of pre-judgment actions.• Dialogue of national judges with the European Court of Human Rights;• Exclusive competences of the European Court of Human Rights;• What does it mean validity and interpretation of treaties;• Who makes the reference? The meaning of the term court or tribunal;• The phase of judgment when may be done the reference;• Which are the main duties of the national judge (the form and the quality of questions, their rank and form etc. • Duties of the European Court of Human Rights;• Translation and communication with parties, • EU institutions and member states;• Written and oral phases. The role of the general advocate;• Judgment of the European Court of Human Rights and its influence.

Tirana

113. 27-28 February 2019

SchM / CoE

Expert:Alma Hicka Vitore Tusha

Facilitator:

Property right from the point of view of the ECtHR jurisprudence and problematic of local legislation and practice.• The innovations of the law no. 133/2015, date 5.12.2015, on the treatment of property and the conclusion of the process of property compensation. Problems encountered in the judicial practice;

Tirana

25

Page 26: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Engjëllushe Tahiri • The analysis of disputes related to its implementation. Types of sentences that takes ATP and the division of competences between civil and administrative courts; • The analysis of disputes related to decisions of former KKP and former AKKP;• General principles of the recognition and fair recompensation of disturbs caused by the unfair profit of properties; • Methodology of the evaluation of recompensation.

MARCH 2019114. 1 March

2019SchM Expert:

Besnik DervishiMirela Bogdani

Facilitator:Ersida Sefa

The reform for the protection of personal data, approximation process and jurisprudence.

Tirana

115. 4-5 March 2019

SchM / CoE

Expert:Marjana SeminiVitore Tusha

Facilitator:Engjëllushe Tahiri

Property right from the point of view of the ECtHR jurisprudence and problematic of local legislation and practice.• The innovations of the law no. 133/2015, date 5.12.2015, on the treatment of property and the conclusion of the process of property compensation. Problems encountered in the judicial practice;• The analysis of disputes related to its implementation. Types of sentences that takes ATP and the division of competences between civil and administrative courts; • The analysis of disputes related to decisions of former KKP and former AKKP;• General principles of the recognition and fair recompensation of disturbs caused by the unfair profit of properties; • Methodology of the evaluation of recompensation.

Durres

116. 4-5 March 2019

SchM Expert:Klodian KurushiLiljana Baku

Facilitator:Manjola Hysa

Terrorism and crimes with terrorist intentions. The problem of foreign fighters. Investigative and judicial practice and the experience of international cooperation. Terrorist organization, its main features.

Tirana

26

Page 27: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

117. 5 March 2019

OSCE Sandër Simoni; Aurela Anastasi; Elizabeta Imeraj

Victim and the criminal process. Changes and additions of law no. 35/2017 and international standards. Protection from revictimisation. Problems of civil lawsuit in the criminal process. Recompensation of victims.

Tirana

118. 6-7 March 2019

SchM Expert:Vojsava OsmanajVangjel Kosta

Facilitator:Niko Rapi ( mail)

The execution of the in effect judicial sentences. Innovations of the Code of Civil Procedure.• The integral treatment of the provisions of the Code of Civil Procedures that arrange the obligatory execution;• Execution order; The invalidity of the executive title; the opposition of execution actions; the suspension of the execution of executive titles; International standards and the Albanian judicial practice;• The judicial control on executions;• Application for the cases of the execution procedures for the execution of the contracts of bank credits;• The separation of the part of the debtor co-owner in the phase of the execution of the obligations and problems appeared in the judicial practice.

Tirana

119. 8 March 2019

SchM Expert:Saida Dollani Dhurata Haveri

Facilitator:Kaliona Nushi

Participation of the defendant in the criminal process. The influence of the jurisprudence of the European Court of Human Rights in the reformation of the institute of the judgment in absentia.

Tirana

120. 8 March 2019

SchM Expert:Vangjel Kosta Flutura Tafaj (Kola)

Facilitator:Flojera Davidhi Florjan Kalaja

Re-judgment of the case in the civil process, errores procedendi and errores iudicandi.

Tirana

121. 11-12 March 2019

SchM Expert:Sokol SadushiAltina Nasufi

Facilitator Kaliona Nushi

Constitutional jurisdiction v Administrative judicial jurisdiction.• Divergence of competences between authorities when the cause of the conflict is the sub-legal act, but also the individual act;• Control on illegitimacy/non-constitutionality of normative acts;• The individual in front of the jurisdiction of the Constitutional Court and the Administrative Court of Appeal.

Tirana

27

Page 28: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

122. 11-12 March 2019

SchM Expert:Xhezair ZaganjoriAida Bushati (Gugu)Fjoralba CakaFacilitator:Engert Pëllumbi

The influence of the process of approximation with the European Union in the judicial authority. Duties of the Albanian judiciary from the integration process. Presentation with the legislation of the European Union. Interpretation of the Albanian legislation in the spirit of acquis communautaire.

Tirana

123. 13 March 2019

SchM Expert:Idlir Peçi

Facilitator:Aulona Hazbiu

Writing and reasoning of judicial judgments. Models of the writing and reasoning of judicial sentences.The scheme of the construction of a judgment, its component parts, relation between them, the ranking of arguments.

Tirana

124. 13 March 2019

SchM Expert:Adnand Kosova Arben Kraja

Facilitator:Bledar Bejko

Standards of professional ethics for prosecutors/ethic regulation in force and expected regulations in the context of the new constitutional and legal organization of the institution of accuse.

Tirana

125. 15 March 2019

SchM Expert:Klodian Kurushi Klodian Braho

Corruption and internal and international legislation in this area. Criminal offences of corruption. Techniques of investigation and the judgment of these criminal offences.

Tirana

126. 15 March 2019

SchM Expert:Ardit MustafaAltin Dumani

Facilitator:Kreshnik Ajazi

The recognition of foreign criminal judgments. The transfer of proceedings and of convicted ones.

Tirana

127. 18-19 March 2019

SchM Expert:Albana Boksi Gurali Brahimllari

Facilitator:

The defendant as the collaborator of justice features of the procedural positin as witness. Evidencing value of his witness in the criminal process. The importance and the role of the witness with hidden identity in the criminal proceeding.Cooperation with justice and the evidencing value of the declarations of the

Tirana

28

Page 29: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Albert Kuliçi collaborator of justice. The protection of the witness and the collaborator of justice. Preliminary phase of the agreement and the negotiation for the achievement of the agreement. Conditions and the implementation of the agreement for protection. Collaboration with other institutions for the implementation of the agreement.The value of the declarations of the collaborator of justice according to the judicial practice in Albania and practice of the Strasbourg Court. New changes brought for the collaborator of justice, done in the Code of Criminal Procedure. The consideration of the declarations of the collaborator of justice, and problems encountered in practice for this kind of evidence.

128. 18-19 March 2019

SchM Expert:Artan HajdariAltin Shkurti

Facilitator:Erald Topi

The institute of possession according to civil law. • Kinds of possession;• Protection of possession;• Meaning of possession according to the judicial practice.

Tirana

129. 19-20 March 2019

SchM /SIDA

Juvenile Code of Criminal Justice, the best interest of the child, prevention and child convictions – with focus on legislation and with support from judge/prosecutor experts who m ay bring examples from the implementation in practice (candidates for magistrates, third year)

130. 20-21 March 2019

SchM Expert:Margarita Buhali Ardian Dvorani

Facilitator:Elvana Çiçolli

The evaluation of evidence through witness in civil and administrative process; The non-usability of the evidence through witness; The limited non-usability of the evidence through witness; The unlimited usability of the evidence through witness; The witness of third trial persons,etc.

Tirana

131. 20-21 March 2019

SchM Expert:Eralda Met’hasani (Çani)Albana Koçiu

Facilitator:

Innovations of new legal framework for public administration.• Law no. 90/2012, on the organization and functioning of public administration. • Other legal and sub-legal acts with focus on public administration.

Tirana

29

Page 30: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Arbena Ahmeti132. 25-26

March 2019

SchM Expert:Day I:Gent Ibrahimi Arben KrajaDay II:Gent IbrahimiDritan Hallunaj Facilitator:Daniela Sulaj (Konica)

The implementation of law no. 10192, date 3.12.2009, on preventing and striking at organised crime, trafficking, corruption and other crimes through preventive measures against assets, and its innovations;Investigation, sequestration and confiscation of criminal assets. Process of evidencing and transformation of the burden of evidence. Innovations of additions and changes.

Tirana

133. 25-26 March 2019

SchM Expert:Day I:Engjëll HysiAleks NikolliDay II:Engjëll HysiDhurata Haveri

Facilitator:Engjëllushe Tahiri

The role of the alternatives of imprisonment punishment and service of proof. Beforehand conditional release as one of the alternatives of imprisonment punishment. Judicial practices. Relations of the proof service with prosecution office in the execution phase.

Tirana

134. 26 March 2019

OSCE Sandër Simoni; Aurela Anastas; Elizabeta Imeraj

Victim and the criminal process. Changes and additions of law no. 35/2017 and international standards. Protection from revictimisation. Problems of civil lawsuit in the criminal process. Recompensation of victims.

Durres

135. 27-28 March 2019

SchM Expert:Asim Vokshi

Facilitator:Engert Pëllumbi

Proceedings in the counseling room:Proceedings on the request of parties and ex officio. The notification of the proceeding in the counseling room of parties that have interest. Revocation and the alteration of decisions taken in the counseling room. Parties legitimated to ask for the change or revocation of decisions that are taken in the counseling room. The rights gained by the thirds because of the decisions taken in the counseling room.The procedure of the examination of lawsuits for small amounts. Innovations of this judgment. The manner of the taking of evidences in lawsuits with small amounts. Regulation (EC) No 861/2007 of the European

Tirana

30

Page 31: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. Judgment in the First Instance Court and in the Appeal in the context of the innovations of the Code of Civil Procedure. • The unification of cases in a single judgment. The meaning of abbreviated judgment in civil cases; • The new procedure of the “notification through public statement," “the role of the executioner in the process of the notification to the court” with focus in the Articles 133 up to 144/a of the Code of Civil Procedure;• Decisions of the judge in preliminary actions; Preparatory séance; The order for the judicial séance; Reconciliation actions; Obligatory court of law with focus in the Articles 158/a - 161 of the Code of Civil Procedure;The judgment of the applications for the notice of the violation of the reasonable deadline, acceleration of proceeding and damage reward with focus in the Articles 399/1 - 399/11 of the Code of Civil Procedure and the Article 109 of the law no. 38/2017.

136. 27-28 March 2019

SchM Expert:Dashamir Kore Idlir Peçi

Facilitator:Florjan Kalaja

Criminal jurisdiction after constitutional changes; The principle of perpetuatio juridictionis and perpetuatio fori and the constitutional primciple of the natural judge in the criminal judgment. Approximation of the Code of Criminal Procedure and changes of the Code of Civil Procedure of the year 2017.

137. 27-28 March 2019

SchM Expert:Day I:Iva ZajmiAida Bushati (Gugu)

Day II:Iva ZajmiAdea Pirdeni

Facilitator:Entela Nikaj

EU law and its report with ECHR. • The report and combination of judgments between ECtHR and ECJ;• Their importance in the national plan.

Tirana

138. 29 March SchM Expert: Ne bis in idem, as a judicial presumption. The report with the executable Tirana

31

Page 32: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2019 Spiro SpiroArta Vorpsi

Facilitator:Luveda Dardha

criminal judgment. (According to the national and international criminal law).

139. 29 March 2019

SchM Expert:Denar BibaErind Merkuri

Facilitator:Noela Ruço

The principle of proportionality and the restriction of the fundamental rights in the judicial and constitutional jurisdiction.

Tirana

APRIL 2019140. 1-2 April

2019SchM Expert:

Margarita Buhali Valentina Kondili Facilitator:Nurjeta Tafa

Bail Contract. • The deletion of the Bail Contract; • Bail Contract in the area of bank credits; • Problems of the judicial practice;• Reports of the Bail Contract with Mortgage Contract;• Independent bank guarantee according to ICC. Albanian and international judicial practice.

Tirana

141. 1-2 April 2019

Expert:Idlir Peçi; Artan HoxhaFacilitator:Kreshnik Ajazi

Jurisdictional relations with foreign authorities, in the point of view of changes in law no. 35/2017. • Extradition;• Temporary arrest; • The recognition of the foreign penal judgment for the judged in absence "in absentia" from the Foreign Judicial Authority.

Tirana

142. 1-2 April 2019

SchM Expert:Arta MandroMariana Semini

Facilitator:Day I: Manjola XhaxhoDay II: Elina Kombi

• Juvenile Criminal justice.• International standards related to the principles of friendly justice for minors and the news of the Albanian legislation (Code of Penal Procedure and Code of Penal Justice for minors);• The protection of the best interest of the child; • Procedural position of the minor in and during the penal process according to the Code of Criminal Justice for minors; The prevention of the criminal prosecution of the child in conflict with the law. Procedural rights of the child in conflict with the law.

Tirana

143. 3-4 April SchM Expert: Trafficking of narcotics. The meaning and the elements of the criminal Tirana

32

Page 33: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2019 Ardit MustafajFatjona Memçaj

Facilitator:Maksim Sota

offence of the trafficking of narcotics and problems of its normative formulation. The attitude of the judicial practice for cases when this criminal offence remains in tentative. Difficulties in the investigation and judgment of this criminal offence in cases when it is done by the organized crime.

144. 3-4 April 2019

SchM Expert:Valbona Vata Amarildo Laçi

Facilitator:Marcela Dervishi

Process-verbal of the judicial seance in the criminal process. Transcription. The invalidity of the acts. The analysis of penal procedural provisions focused in the Articles 115-117; 122-130 of the Code of Penal Procedure).

Tirana

145. 5 April 2019

SchM Expert:Olsian ÇelaSokol Pasho

Facilitator:Manjola Hysa

Evidences in the criminal judgment. Their kinds. Their admission and exclusion. Consideration of evidences, theories of its consideration.

Tirana

146. 5 April 2019

SchM Expert:Antoneta Sevdari Kreshnik Omari

Facilitator:Julian Zonja

Clarification of products of the criminal offence. The approximation of internal law with the international legislation. Judicial practice.

Tirana

147. 8-9 April 2019

SchM Expert:Skënder KaçupiLuan Hasneziri

Facilitator:Ornela Rrumbullaku

Organized crime in Albania, its features and characteristics. Practical difficulties for the discovery and the investigation of criminal offences committed by the organized crime. The main forms of the organized crime. Problems of ths judicial practice for the investigation and judgment of criminal offences committed by the organized crime.The structured criminal group, as one of the forms of the organized crime. The meaning and characteristics of this form of collaboration. Practical cases of the commitment of criminal offences by the structured criminal group and reasons why the majority of of criminal offences committed by the organized crime, are represented in the form of the structured criminal group. The field of the activity of structured criminal groups, in Albania. The criminal

Tirana

33

Page 34: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

responsibility of members of the structured criminal group and problems created in the judicial practice for the prevention of the double punishment even according to the Article 333/a and according to the Article 334 of the Criminal Code.

148. 9-10 April 2019

SchM /SIDA

Communication and the interviewing of children by judges/prosecutors. Tirana

149. 10-11 April 2019

SchM Expert:Arben RakipiAlbana Boksi

Facilitator:Nurjeta Tafa

Abbreviated judgment and direct judgment, as specific judgments. Features of the abbreviated judgment and problems of the judicial practice. Changes done by law no. 35/2017 and the necessity for their correct understanding. Features of the second case of the direct judgment: judicial practice.Criminal order of conviction and plea agreement - innovations of the CCP; The agreement for the Admission of Fault, the content and cases of the refusal of agreement.

Tirana

150. 10-11 April 2019

SchM Expert:Lulzim AlushajVangjel Kosta

Facilitator:Diamela Goxha

The procedure of the examination of lawsuits for small amounts, abbreviated judgment, communication with parties, rules for the interrogation of the witness, the reasoning of the judicial judgment and the right of the appeal versus the judgment.

Tirana

151. 11 April 2019

CoE/ SchM SchM expert:Gurali Brahimllari

Training of prosecutors and judges on the Terrorist Financing offence. Shkodra

152. 12 April 2019

SchM Expert:Aida Bushati (Gugu) Adea Pirdeni

Facilitator:Erinda Meli Ok

Criteria for the evaluation of the efficiency of appealing instruments in the reflection of the ECtHR jurisprudence in cases versus Albania and of constitutional jurisprudence. Relevant constitutional and legal changes.

Tirana

153. 15-16 April 2019

SchM Expert:Altin ShkurtiErvin Pupe

Facilitator:Kostika Cobanaqi

Burden of proof and real rights:Their characteristics. Their classification. Uzufruct, manners of its creation. The object, rights and obligations of the uzufructer and of naked owner. Usage and living, servitudes. The main principles of the creation of servitudes. Classification of servitudes, servitudes imposed by laws and voluntary servitudes. The exercise of servitudes.

Tirana

34

Page 35: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Moderator:Artan Hajdari

154. 15-16 April 2019

SchM Expert:Sokol Sadushi Eralda Met’hasani

Facilitator:Amarildo Laçi

The nature of administrative legal means.• The nature of the administrative appeal; Procedure of examination from the competent organ and the superior organ. The distinction among them;• The object of the administrative objection, innovation in the administrative legislation;• Review: a new legal means in the administrative process;• The nature of the administrative appeal and reformatio in pejus effect in the administrative process according to CAP.

Tirana

155. 17-18 April 2019

SchM Expert:Arta MandroAnita Pilika

Facilitator:Marcela Dervishi

The evaluation of the best interest of the child and the right of the child to be heard.

Basic elements of the communication with children: knowledge for judges of the family section.• Chronology of the development of communication during the process of the growing up of the child; • The development of the empathy to children;• Two parenthood models (constructive or destructive)?• Discipline: • Punishment (time-out). • Expressions of effective communication: of listening; non-verbal communication; verbal communication; empathy etc... • Family violence on children: negligence and the Maltreatment Syndrome of Children: • Shaken baby syndrome;• Munchausen syndrome

Tirana

156. 17-18 April 2019

SchM Expert:Evis Alimehmeti Mirela Bogdani

Facilitator:Erinda Meli

Freedom of conscience and religion, limits of its exercise according to the ECtHR jurisprudence and local regulatory framework. Important developments in recent years in ECtHR jurisprudence in relation to the criteria of permissible restrictions especially in public environments.

Tirana

157. 18-19 April 2019

SchM Expert:Dashamir KoreFlutura Tafaj (Kola)

Judgment in absentia in the civil process, along phases and levels of judgment:- Judgment in absentia and its types;

Tirana

35

Page 36: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Ina Hoxhaj

- Judgment in absentia in subjective and objective judgments;- Judgment in absentia according to trial parties; - Judgment in absentia as a specific judgment;- Judgment in absentia in judgment phases;- The process of evidencing during the judgment in absentia;- The late presentation of the trial party in absentia;- Causes of appeal on judgment in absentia;- Judgment in absentia in the reviewing judgment;- Obligatory execution in absentia..

158. 19 April 2019

SchM Expert:Toni Gogu

Facilitator:Valbona Durraj

Moderator:Vangjel Kosta

Instruments of efficiency of the the European Commission for the Efficiency of Justice. The management of judicial time and judicial statistics.

Tirana

159. 23-24 April 2019

SchM Expert:Fehmi Abdiu Arben Rakipi

Facilitator:Ornela Naqellari

Victims and the criminal process. Changes and additions in law no. 35/2017 and international standards. Protection from revictimisation. Problems of civil lawsuit in the criminal process. Recompensation of victims.

Tirana

160. 23-24 April 2019

SchM Expert:Sokol BinajFacilitator:Doloreza Musabelliu

Prevention and the war against trafficking focused on:• Trafficking of military arms and munitions; • Trafficking of motor vehicles and of the works of art and of culture;• The importance of the inter-institutional cooperation between law-implementing institutions.

Tirana

161. 25-26 April 2019

SchM Expert:Day I:Ilirjan Mandro Artan Gjermeni

Day II:

The importance of expertise as evidence in the criminal process. The role of the Institute of Scientific Police and problems of the judicial practice, in the case of the technical expertise of phones and SIM cards. The demonstration of the usage of the special program for evidencing aims.

Tirana

36

Page 37: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Ilirjan Mandro Expert. Kastriot Gjoka

Facilitator:Alma Kola (Felaj)

162. 25-26 April 2019

SchM Expert:Spiro Spiro Arta Vorpsi

Facilitator:Florjan Kalaja

The non-aggravation of the position. The limits of the enlargement of this procedural principle. Its relation with the principle of the non-after-action of the criminal law. Comparative point of view according to International Criminal Law and European Criminal Law.

Tirana

163. 30 April 2019

SchM Expert:Sokol Binaj Fatjona Memçaj

Facilitator:Elona Alvora

The change of judicial qualification during the criminal procedure of investigation and judgment.

Tirana

MAY 2019164. 2-3 May

2019Expert:Antoneta Sevdari Facilitator:Armanda Xhaferri

Criminal offences in the area of bankruptcy. • The role of the new bankruptcy law in the prevention of the concealment of incomes/properties of the debtor through bankruptcy procedure.

Tirana

165. 2-3 May 2019

SchM Expert:Flutura Tafaj (Kola) Asim Vokshi

Facilitator:Marcela Dervishi

The right of the appeal of trial parties in absentia in the civil process. Reposition in term of parties in the civil process during the phases and levels of judgmen. Procedural and material legitimation and the judicial report between the act chiefly of the court and the disponibility of parties.

Tirana

166. 6-7 May 2019

SchM Expert:Kostaq BeluriGentjan Osmani

Proactive investigations in the investigation of narcotics trafficking. Procedural means; investigative strategy; the report with the judicial police; eavesdroppings as an evidencing instrument and their interpretation; simulating actions, provocation;infiltration; controlled remove. Joint

Tirana

37

Page 38: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Arbër Çela

investigative teams.

167. 8-9 May 2019

SchM Expert:Thimjo KondiLulzim Alushaj

Facilitator:Engert Pëllumbi

Judicial law; the precedent; the role of judicial judgments, jurisprudence in the wide meaning and to the doctrine in the formation of law.

Tirana

168. 10 May 2019

SchM Expert:Arqilea Koça Armand Gurakuqi

Facilitator:Andi Pogaçe

International judicial cooperation. Cooperation in the commitment of criminal offences, problems of the judicial practice.

Tirana

169. 10 May 2019

SchM Expert:Altin Shkurti

Facilitator:Florjan Kalaja

Lawsuit, material and procedural dimensions and its transformation. Tirana

170. 13-14 May 2019

SchM Expert:Vangjel KostaAltin Shkurti

Facilitator:Ornela Naqellari

Proceedings in the counseling room:Proceedings on the request of parties and ex officio. The notification of the proceeding in the counseling room of parties that have interest. Revocation and the alteration of decisions taken in the counseling room. Parties legitimated to ask for the change or revocation of decisions that are taken in the counseling room. The rights gained by the thirds because of the decisions taken in the counseling room.The procedure of the examination of lawsuits for small amounts. Innovations of this judgment. The manner of the taking of evidences in lawsuits with small amounts. Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. Judgment in the First Instance Court and in the Appeal in the context of the innovations of the Code of Civil Procedure. • The unification of cases in a single judgment. The meaning of

Tirana

38

Page 39: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

abbreviated judgment in civil cases; • The new procedure of the “notification through public statement," “the role of the executioner in the process of the notification to the court” with focus in the Articles 133 up to 144/a of the Code of Civil Procedure;• Decisions of the judge in preliminary actions; Preparatory séance; The order for the judicial séance; Reconciliation actions; Obligatory court of law with focus in the Articles 158/a - 161 of the Code of Civil Procedure;The judgment of the applications for the notice of the violation of the reasonable deadline, acceleration of proceeding and damage reward with focus in the Articles 399/1 - 399/11 of the Code of Civil Procedure and the Article 109 of the law no. 38/2017.

171. 13-14 May 2019

SchM Expert:Alma HickaAltin Shkurti

Facilitator:Lutfije Celami

Moderator:Artan Hajdari

Winning prescription versus other original manners to win the property. The gaining of the property through winning prescription, with or without title. Problems of the judicial practice related to the gaining of property on sate real estates from private subjects in the conditions of the winning prescription, with or without title. • The manner of the gaining of the ownership over the lands possessed from the private subject as part of the constructions done before and after 1991;• Meaning of confidence in the moment of entrance into possession. Possession of the object through the criminal offence of the invading of the land and the passing of the legal deadline of prescription; • Active and passive legitimating. Representation and the owner state, the unevidenced owner and the sense of “former owner” according to the legislation. The representation of the former owner from the Council of Ministers or from the Unit of Local Governing which has given the lands into ownership, according to the law "On the real estates of the state "; Prescription deadline in the moment of the initial registration with owner the state.

Tirana

172. 13-14 May 2019

SchM / CoE

Expert:Denisa HaskoAnisa QilimiArmand Gurakuqi

Facilitator:Diamela Goxha

Cybercrime. Penal proceeding in cases of cybercrime: electronic evidences. Incomes from online crime and the usage of internet for terrorist scopes.

Tirana

39

Page 40: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

173. 15-16 May 2019

SchM Expert:Dritan HallunajJulian Kristo

Facilitator:Gentian Habazaj

Conditions of proceeding (innovations and a view in the context of legal changes). Authorisation and permission to perform actions; circumstances that do not permit the start of proceeding and the decision for the non-start of criminal proceeding; the restart of investigations even in the absence of an appeal, the Article 292 of the Code of Criminal Procedure.

Tirana

174. 17 May 2019

SchM Expert:Ardian DvoraniIlir Toska

Facilitator:Florjan Kalaja

The suspension and the stay of the civil process, first instance, appeal, High Court. Obligatory execution.

Tirana

175. 17 May 2019

SchM Expert:Spiro SpiroManjola Xhaxho

Facilitator:Elona Alvora

Formal-judicial aspects and of the content, from the point of view of the doctrine and comparative jurisprudence of the word-group: “Reasonable suspicion, based on evidences, as an essential condition in the process of the fixingof measures of personal safety.”

Tirana

176. 20-21 May 2019

SchM Expert:Ardian DvoraniMedi BiciAlma Kodraliu

Facilitator:Erajd Dobjani

Administrative judicial jurisdiction versus civil judicial jurisdiction and the prevention of disputes between them. The administrative contracts as a cause of the creation of disputes between two jurisdictions.

Tirana

177. 22-23 May 2019

SchM Expert:Sokol SadushiAltina Nasufi

Facilitator:Aulona Hazbiu

Discretionary acts of Public Administration. • The judicial control of the discretionary authority of the Administration;• The respectation of the principle of proportionality and the reasoning of the act as determinant elements for the exercise of the judicial control on discretional acts.

Tirana

178. 22 May 2019

SchM Expert:Toni GoguAsim Vokshi

The relations of the court with public and media. Tirana

40

Page 41: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Nurjeta Tafa

179. 24 May 2019

SchM Expert:Saida Dollani Vojsava Osmanaj Facilitator:Aida Cakaj

Notifications and their invalidity. The legal framework in relation to notifications focused in the Articles 133 - 142/a of the Code of Criminal Procedure.

Tirana

180. 27-28 May 2019

USAID USAID Expert Lidership of directing team. Tirana

181. 27-28 May 2019

SchM Expert:Arben RakipiArtan GjermeniFacilitator:Erjon Bani

Measures of personal safety. The implementation of more than one personal safety measure and of alternative punishments intending the reduction of cases of the implementation of the safety measure “arrest in prison” and imprisonment conviction. The séance of evaluation and of the interrogation of the arrested one. The replacement of safety measures: the opinion of the prosecutor and court decision-making.

SchM

182. 29-30 May 2019

SchM Expert:Olsian ÇelaFacilitator:Armanda Xhaferri

The appeal against the decision of the non-start of criminal proceeding and against the decision of the stay of the case or of the accuse, in the case of criminal controversies. The role of the judge of preliminary investigations and of the preliminary seance and problems of the judicial practice.

SchM

183. 29-30 May 2019

SchM Expert:Sokol PashoSokol Mengjezi

Facilitator:Zeta Terpollari

The evidence with witness in the criminal process. The meaning and the object of the testimony. The rights and the obligations of the witness in the criminal process. Direct and indirect testimony. The opposition of testimony. Inner and outer confidence of the declarations of the witness. Judicial practice in relation to the value of testimony, as evidence.

Tirana

184. 31 May 2019

SchM Expert:Elsa Dobjani (Toska)Elira Kokona

Facilitator:Olkeda Lice

Res iudicata judgment in the civil process and practical problems of the implementation.

Tirana

JUNE 2019

41

Page 42: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

185. 3-4 June 2019

SchM Expert:Arben RakipiOlsian Çela

Facilitator:Erjon Bani

The role of the judge of preliminary séance, innovations and the progress of judicial practice.Preliminary séance, as one of the innovations of the Code of Criminal Procedure, through law no. 35/2017, in the Code of Criminal Procedure. Features of preliminary séance and the rights of parties. The decision for the completion of investigations. The change of the accuse in the preliminary séance. The presentation of the application for abbreviated judgment in the preliminary séance and the role of the judge of the preliminary séance in its examination. Kinds of sentences taken by the judge at the end of the preliminary séance. The elements of the judgment of preliminary séance and the filing of the judgment.

Tirana

186. 3-4 June 2019

SchM Expert:Idlir PeçiSandër Simoni

Facilitator:Marcela Dervishi

Judgment in absentia. • Judgment in absence according to the Article 6 of the European Convention on Human Rights; • Jurisprudence of the European Court of Human Rights with the main focus the presence of the defendant in judgment;Problems of the Albanian judicial practice after changes in the Code of Criminal Procedure through law no. 35/2017.

Tirana

187. 6-7 June 2019

SchM Expert:Spiro SpiroAlbana Boksi

Facilitator:Enkeleda Xhengo

The review of the criminal judgment as an appealing instrument. The changes brought by procedural provisions through law no. 35/2017. Judicial practice and problematic encountered during the implementation of this process.The implementation of the judgment of the European Court of Justice on Human Rights versus Albania as a cause for the rejudgment of the case and the review of the in effect criminal judgment.Comparative view of the institute of the review of the in effect criminal judgment.

Tirana

188. 6-7 June 2019

SchM Expert:Asim VokshiElona StavriFacilitator:Blerina Muçi

Temporary procedural measures in the civil process; measures of the safety of suit; temporary execution of the judgment; the suspension of the judgment.

Tirana

189. 10-11 June 2019

SchM Expert:Henrik Ligori

The defendant as the collaborator of justice features of the procedural positin as witness. Evidencing value of his witness in the criminal process. The

Tirana

42

Page 43: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Bilbil Mete

Facilitator:Julian Zonja

importance and the role of the witness with hidden identity in the criminal proceeding.Cooperation with justice and the evidencing value of the declarations of the collaborator of justice. The protection of the witness and the collaborator of justice. Preliminary phase of the agreement and the negotiation for the achievement of the agreement. Conditions and the implementation of the agreement for protection. Collaboration with other institutions for the implementation of the agreement.The value of the declarations of the collaborator of justice according to the judicial practice in Albania and practice of the Strasbourg Court. New changes brought for the collaborator of justice, done in the Code of Criminal Procedure. The consideration of the declarations of the collaborator of justice, and problems encountered in practice for this kind of evidence.

190. 10-11 June 2019

SchM Expert:Artan HoxhaArdian Visha

Facilitator:Nurjeta Tafa

Jurisdictional relations with foreign authorities, in the point of view of changes in law no. 35/2017. • Extradition;• Temporary arrest; • The recognition of the foreign penal judgment for the judged in absence "in absentia" from the Foreign Judicial Authority.

Tirana

191. 12-13 June 2019

SchM Expert:Idlir PeçiElizabeta Imeraj

Facilitator:Manjola Bejleri

ECHR and the asylumseekers rights. The rights of migrants and asylumseekers. Standards of protection envisaged by conventions ratified by Albania in the field of migration and asylum, and EU Directives in this area. Problems of the Albanian judicial practice. Comparative view with the best practices of respective international tribunals.

Tirana

192. 12-13 June 2019

SchM Expert:Denisa HaskoAnisa QilimiArmand Gurakuqi

Facilitator:Diamela Goxha

Cybercrime. Penal proceeding in cases of cybercrime: electronic evidences. Incomes from online crime and the usage of internet for terrorist scopes.

Tirana

193. 14 June SchM Expert: Jurisdiction of the Albanian courts in the judgment of civil cases with foreign Tirana43

Page 44: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

2019 Maks QokuVangjel Kosta

Facilitator:Erinda Meli

elements in the view of the new disciplining approach offered by law no. 38/2017.

194. 14 June 2019

SchM Expert:Vilma RakipiAdnan Xholi

Facilitator: Antoneta Sevdari

Criminal offences in the tax area – investigation and judicial practice. Tirana

195. 17-18 June 2019

SchM Expert:Klodian KurushiFacilitator:Sokol Ngresi

Measures of personal safety. The implementation of more than one personal safety measure and of alternative punishments intending the reduction of cases of the implementation of the safety measure “arrest in prison” and imprisonment conviction. The séance of evaluation and of the interrogation of the arrested one. The replacement of safety measures: the opinion of the prosecutor and court decision-making..

Tirana

196. 17-18 June 2019

SchM Expert:Mariana Dedi Valbona Vata

Facilitator:Vjosa Zaimi

Community property regime; problems of judicial practice 1. Comparison of the liquidation of the property regime of legal community with special civil judgment for the division of property in co-ownership (common points and differences). 2. Family Code and relations with law no. 7501, on the land, in cases of matrimony property regime of legal community. The lawsuit for the division of property. • First and second phase of the division of property;• The nature of the first phase for the permission of division according to the Unifying Judgment of the United Colleges of the corresponding High Court.

Tirana

197. 19-20 June 2019

SchM Expert:Henrik LigoriTereza Lani (Merkaj)

Facilitator:Luveda Dardha

Abbreviated judgment and direct judgment, as specific judgments. Features of the abbreviated judgment and problems of the judicial practice. Changes done by law no. 35/2017 and the necessity for their correct understanding. Features of the second case of the direct judgment: judicial practice.Criminal order of conviction and plea agreement - innovations of the CCP; The agreement for the Admission of Fault, the content and cases of the

Tirana

44

Page 45: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

refusal of agreement.198. 19-20

June 2019SchM Expert:

Arqilea Koça Idlir Peçi

Facilitator:Kreshnik Ajazi

Jurisdictional relations with foreign authorities, in the point of view of changes in law no. 35/2017. • Extradition;• Temporary arrest; • The recognition of the foreign penal judgment for the judged in absence "in absentia" from the Foreign Judicial Authority.

Tirana

199. 21 June 2019

Expert:Sokol MengjeziIrida Kacerja

Facilitator:Olgert Rumnici

The meaning and the evidencing value of clues in the criminal process. The request evidence, as a specific case of the clue evidence in the criminal process. The consideration of clues.

Tirana

200. 21 June 2019

SchM Expert:Marjeta ZaimiKlodian Skënderaj

Facilitator:Ornela Rrumbullaku

The defendant, his lawyer and the innovations coming from changes in the Code of Criminal Procedure.

Tirana

201. 24-25 June 2019

SchM Expert:Sokol NgresiLulzim LelçajAnita Pilika

Facilitator:Gentian Habazaj

The commitment of the crime in the conditions of strong psychological shock of the moment. Comparative view with cases of necessary defense. Approximation with principles of International Criminal Law.

Tirana

202. 24-25 June 2019

SchM Expert:Arjola Kristo Sandër Simoni

Facilitator:Sotir Kllapi

Review of the criminal judgment as an instrument of appeal. Changes brought by procedural provisions through law no. 35/2017. Judicial practice and problematic encountered during the implementation of this process. The application of the judgment of the European Court of Human Rights versus Albania as a cause for the rejudgment of the case and the review of the in effect criminal judgment.Comparative view of the institute of the review of the in effect criminal judgment.

Tirana

45

Page 46: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

203. 26-27 June 2019

SchM Expert:Sokol BinajOls Dado

Facilitator:Ornela Naqellari

The role of the judge of the preliminary séance, innovations and the progress of judicial practice.Preliminary séance, as one of the innovations of the Code of Criminal Procedure, through law no. 35/2017, in the Code of Criminal Procedure. Features of the preliminary séance and the rights of parties. Decision for the completion of investigations. The change of the accuse in the preliminary séance. Presentation of the application for abbreviated judgment in the preliminary séance and the role of the judge of the preliminary séance in its judgment. Types of sentences taken by the judge at the end of the preliminary séance. The elements of the judgment of the preliminary séance and the filing of the judgment.

Tirana

204. 26-27 June 2019

SchM Expert:Skënder KaçupiAleks Nikolli

Facilitator:Eugjen Sotiri

The giving of the penal punishment from the court • The criteria of the giving of punishment focused in the Article 47 and followingly of the Penal Code. Theoretical treatments and judicial practice related to the giving of the penal punishment from the court; • The giving of the punishment for the criminal offence remained in tentative, for drunk persons and for those with problems of mental health; Persons with problems of the mental health: mental welfare: meaning and promotion of mental welfare; stress and its management;• The giving of punishment in the case of the recognition of a sentence of a foreign court.

Tirana

205. 28 June 2019

SchM Expert:Vangjel Kosta

Facilitator:Dritan Banushi

Review as an extraordinary instrument of appeal. Tirana

206. 28 June 2019

SchM Expert:Xhezair ZaganjoriArdian Dvorani

Facilitator:Engert Pëllumbi

Causes of recourse to the High Court. The role of judicial practice of the High Court after legal changes of the year 2017.

Tirana

JULY 2019207. 1-2 July

2019SchM Expert;

Kostaq BeluriThe role of the prosecutor in the direction and the control of preliminary investigations; Reports with the judicial police. Problems of the judicial

Tirana

46

Page 47: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

Facilitator:Sonjela Voskopi

control during the phase of preliminary investigations. The importance of the notification act for the completion of preliminary investigations and the role of the defender in this phase of the process.

208. 1-2 July 2019

SchM Expert:Albert Meça Enkeleda Millonai Facilitator:Ndini Tavani

The appeal against the decision of the non-start of criminal proceeding and against the decision of the stay of the case or of the accuse, in the case of criminal controversies. The role of the judge of preliminary investigations and of the preliminary seance and problems of the judicial practice.

SchM

209. 1-2 July 2019

SchM Expert:Artan HoxhaKlodian Kurushi

Facilitator:Joana Qeleshi

Abbreviated judgment and direct judgment, as specific judgments. Features of the abbreviated judgment and problems of the judicial practice. Changes done by law no. 35/2017 and the necessity for their correct understanding. Features of the second case of the direct judgment: judicial practice.Criminal order of conviction and plea agreement - innovations of the CCP; The agreement for the Admission of Fault, the content and cases of the refusal of agreement.

Tirana

210. 3-4 July 2019

SchM Expert:Albana BoksiIdlir PeçiFacilitator:Florjan Kalaja

Evidences and the non-usability of evidences taken against law. The report of the invalid act with the usability of the evidence taken by means of it. Comparative point of view with foreign doctrine and jurisprudence.

SchM

211. 3-4 July 2019

SchM Expert:Alma HickaAltin Shkurti

Facilitator:Lutfije Celami

Moderator:Artan Hajdari

Winning prescription versus other original manners to win the property. The gaining of the property through winning prescription, with or without title. Problems of the judicial practice related to the gaining of property on sate real estates from private subjects in the conditions of the winning prescription, with or without title. • The manner of the gaining of the ownership over the lands possessed from the private subject as part of the constructions done before and after 1991;• Meaning of confidence in the moment of entrance into possession. Possession of the object through the criminal offence of the invading of the land and the passing of the legal deadline of prescription; • Active and passive legitimating. Representation and the owner state, the unevidenced owner and the sense of “former owner” according to the legislation. The representation of the former owner from the Council of Ministers or from the Unit of Local Governing which has given the lands

Tirana

47

Page 48: €¦  · Web viewProtocol XVI of the European Convention on Human Rights, European and Albanian dilemmas. Applications for interpretation at the High Court and Constitutional Court

into ownership, according to the law "On the real estates of the state "; Prescription deadline in the moment of the initial registration with owner the state.

212. 5 July 2019

SchM Expert:Sokol MengjeziIrida Kacerja Facilitator:Olgert Rumnici

The meaning and the evidencing value of clues in the criminal process. The request evidence, as a specific case of the clue evidence in the criminal process. The consideration of clues.

Tirana

213. 5 July 2019

SchM Expert:Artur KalajaFlutura Tafaj (Kola)

Facilitator:Kostika Cobanaqi

In trial process, procedural schemes of formation and transformation in phases and levels of civil judgment.

Tirana

214. 8-9 July 2019

Expert:Asim Vokshi; Sotir Kllapi; Facilitator:Maksim Sota

Eavesdropping as means to look for the evidence in the criminal process. • The attention to keep the balance with the right for the respect for private and family life. Eavesdropping results and the evidencing value. Judicial practice and international standards.

Tirana

DIRECTOR

_______________Sokol SADUSHI

48