ADMINISTRATIVE LAW
(For the School of Magistrates)
(The Academic year 2008-2009)
1. Annual teaching volume 80 hours
2. Weekly teaching volume: 3hours 45’each
The academic year divided into two terms:
 The first term: 16 weeks, from 01 October - 01 February
 The second term: 16 weeks, from 04 February – 31 May
 The lesson exam – June
I. ORGANISING STRUCTURE
Persons responsible:
1. Sokol SADUSHI
II. AIMS AND OBJECTIONS
All the topics of the typed lectures are prepared by the professor of the
subject. They will be developed in a conversation way, followed by a definite
practice, and mainly alternated with cases and indicative lessons.
Cases in which it is possible, judicial experimental sessions and will be
practiced and definite files will be prepared, in which the way of preparation of the
law-suit requirement will be included, according to the case, the verbal notes or
undertakings, where the student will put himself in the role of the lawyer or
prosecutor in civil- administrative process, or the preparation of the decisions, in
which, he will play the role of the judge.
Regardless of the title of themes in a formal aspect, it is beyond the concepts
the students have studied in the Faculty of Justice. It should be understood that this
program is not similar to it, but quite opposite. the, it is more advanced, in using
new theoretic concepts of the Administrative law, brought by the Constitution, and
the Administrative procedural Code, and as well as in qualifying the students as
far as the judicial and administrative practices are concerned. The rotation of
theoretical treatment of the problem with judicial and administrative practice, is the
main direction of the subject, since the internal administrative inspection on the
administrative body and the outer one, which is realized by the court, make up the
main duty of the Administrative Law.
III STRUCTURE
Lecture nr. 1
CONCEPTS ON ADMINISTRATION (2 hours)
The concept and meaning of the administration activity. The difference between
public administration and state one.
Lecture nr. 2
GENERAL PRINCIPLES OF STATE ADMINISTRATION (4 ore)
The principle of legitimacy; the principle of public interest defense and private
persons’ rights; the principle of equality and proportionality; the principle of justice
and impartiality; the principle of cooperation of administration with private persons;
the principle of decisions’ making; the principle of efficiency and deburocratization;
the principle of nonpayment of the services; the principle of the inner and judicial
inspection; the principle of secret and confidentiality defense etc.
Lecture nr. 3
THE MEANING AND THE JURIDICAL CONDITION OF
PUBLIC ADMINISTRATIVE BODIES. (2 hours)
The meaning of administrative bodies; the elements characterizing the
administrative bodies; the administrative bodies.
Lecture nr. 4
THE MEANING AND JURIDICAL CONDITION OF ALBANIAN
CITIZENS, PEOPLE WITHOUT CITIZENSHIP, FOREIGNERS
AND NONPROFITABLE ORGANIZATIONS. (2 HOURS)
Nationality; civil status. The rights and obligations of the Albanian citizens.
Juridical regime of foreigners and Non-profitable Organizations.
TEACHING PACTICE(2 HOURS)
Discussion on practical issues and the attitudes kept by the Constitutional judicial
jurisprudence.
Lecture 5
THE ROLE F THE PRESIDENT OF THE REPUBLIC IN STATE
ADMINISTRATION. (2 hours)
The President as the highest body of the state power and his role in three powers,
especially his position with regard to the executive power. His decree – object of
judicial constitutional jurisdiction.
Lecture 6
THE RESPONSIBILITY OF PUBLIC ADMINIDTRATION. (2
HOURS)
Lecture 8
LOCAL GOVERNMENT BODIES.
Their organizing an function. The Council of the City halls and communes, as
well as their heads; the appointment and the exercising of their activity. District
Council - their organizing and function. Cases of discharge and their appointment and
the procedures followed in such cases.
TEACHING PRACTISE(2 hours)
Lecture nr 9
OMBUDSMAN AND THE HIGH STATE AUDITION CONTROL(2
hours).
The way of organizing and its function. The role they play in state
administration. The competencies and the way organizing it, as an audition control
specialized in the state administration field.
Lecture 10.
PUBLIC AGENCY AND CIVIL SERVISE IN ALBANIA.(2 hours)
Meaning and juridical condition of public agency. The concept of officialism, its
criteria needed to win the status of civil service and the way of leaving it.
TEACHING PRACTISE. (3 hours
Discussion on practical issues and the attitude kept by the judicial and
constitutional jurisprudence, in a mocking trial form.
Lecture 11.
THE ADMINISTRATIVE ACTION CONCEPTION. (2 hours)
General conceptions; How to compose an administrative action; forms and
composition of administrative act; its aim; its reasoning; its features, as juridical act;
as partial act, as a specification of the state administrative bodies and sub - legal act.
Administrative acts issued by the President of the Republic, the Assembly, Court,
High Council of Justice. The difference between the Administrative act and judicial
decision.
Lecture nr. 12
The way of classifying of the administrative act. (3hours)
The classification of the functions, general differentiation.
Initiative for issuing the administrative act; the way of expressing the will; the effect
brought by the act; the character of the act composition; nomination of administrative
acts according the bodies.
Lecture 13
THE ADMINISTRATIVE POWER (3 hours)
The meaning of juridical power of administrative acts and the act retro action.
TEACHING PRACTISE (3 hours)
Discussion on practical issues and the attitude kept by the judicial and constitutional
jurisprudence, in the form of a mock trial.
Lecture nr. 14
THE VALIDITY OF ADMINISTRATIVE ACT (3 hours)
The demands of the validity of the administrative act; COMPENTENCIES;
delegacy, the substitution; the shift, the Jurisdiction, THE PROCEDURE, the
preliminary procedure, the procedure during the act issuance.
Lecture nr.15
THE INVALIDITY OF ADMINISTRATIVE ACT (2 hours)
General concept; administrative act; absolutely invalidity; administrative acts
relatively invalid; the attack of the invalidity of act.
Lecture 16
THE LAWSUIT DISMISSAL OF THE ADMINISTRATIVE
ACT.
The concept of lawsuit dismissal of power action; factual
dismissal; juridical dismissal; the abrogation by the highest body;
revocation by the body itself; annulment by the court; mistake correction
in administrative acts.
TEACHING PRACTISE (2 hours)
Lecture nr. 17
ADMINISTRATIVE COMPLAIN
Complain is the mean for exercising the administrative audition;
ways of realizing it; the administrative complain effects; the
examination of administrative complain; the deadline of the
administrative complain; the phase of the complain examination; nonappellation of administrative act; Reformatio in peius during the
administrative examination; administrative complain and judicial
lawsuit.
Lecture nr. 18
EXECUTION OF THE ADMINISTRATIVE ACT
Pairs during the administrative procedure; the beginning of an administrative
procedure’ actions performed during the administrative procedure; the end of the
administrative procedure; final decision; restrain of the pretensions or the giving them
up; the abandonment; the impossibility.
LESSON PRACTISE (2 hours)
Discussion on practical issues and the attitude kept by the judicial jurisprudence
of the constitution in a mocking trial form.
Lecture nr. 20
JUDISIAL REVISE OF THE ADMINISTRATIVE ACT
The judicial revise concept; the aim of the judicial revise and judicial reasons; the
disrespect of the form and procedure; of the insufficiency of competencies; the
exceed of jurisdiction; essential faults.
Lecture nr. 21
ADMINISTRATIVE CONFLICT TRIAL
The meaning of administrative conflict. Forms of the objective and subjective
administrative conflicts; the conflict on legitimacy of act; conflict of full jurisdiction;
the administrative conflict according Albanian legislation; the act - as an object of
administrative conflict; legitimacy (locus standi); the solution; of administrative
complain; the deadlines.
Lecture nr. 22
CONSTITUTIONAL REVERSE OF THE ADMINISTRATIVE
ACT
Administrative act – the object of constitutional and judicial jurisdiction
TEACHING PRACTISE (2 hours)
Discussion on practical issues and the attitude by the constitutional and judicial
jurisprudence.
Lecture nr. 23
DISCREET ACT AND THE ADMINISTRATIVE CONTRACT. (2
hours)
The concept about discreetness; bases of the judicial inspection; the exhaustion of
discreetness; the discreetness abuse; the principle of proportionality; irrelevant trials;
objectiveness; treatment equality; legal indefinite concepts; administrative contracts
according the Albanian Legislation; administrative acts of private law; the nature of
the administrative contracts; the invalidity contracts; the difference and the abrogation
of administrative contracts; the demands of legibility; obligation of contracts.
Lecture nr. 24
REAL AND PLANNED ACT (2 hours)
General meaning of the real act. The characteristics of the real act. The elimination of
the illegitimacy of the real act.
General meaning of the planner act. Legal means against planner act.
TEACHING PRACTISE (2 hours)
Discussion on practical issues and the attitude by the constitutional and judicial
jurisprudence.
Lecture nr 25
ADMINISTRATIVE OFFENCE (2 hours)
Administrative offence and its elements. The meaning of offence, its
determination, and the difference from the criminal action.
The guilt- as a necessary element of the administrative responsibility.
State bodies having the right to legislate provisions which determine administrative
offences. The subjects of offences.
Lecture nr.26
CATEGORIES OF ADMINISTRATIVE PUNISHMENTS, THE
CLASSIFICATON OF ADMINISTRATIVE OFFENCES IN
REPUBLIC OF ALBANIA
The beginning of the administrative lawsuit. The procedure for judging the
administrative bodies of judging offences. He procedure of judging the compensation
of damage, the execution of decision and the complain of the administrative
punishment.
Administrative offences in the field of election, public order, and the defense of the
country, in the economic field, agriculture telecommunication, environment, mining
industry, employment, education culture, sport etc.
TEACHING PRACTISE (3 hours)
Discussion on practical issues and the attitude by the constitutional and judicial
jurisprudence.
Sokol SADUSHI
Lecturer of “Administrative Law”
SYLLABUS OF CIVIL LAW
(For the School of Magistrates)
(Academic year 2008 – 2009)
1. Annual teaching load: 192 classes
2. Week teaching load:
6 classes of 45’ each.
3. The academic year is divided into two semesters:
- First semester: 16 weeks, from the 6th of October – 1st of February
- Second semester: 16 weeks, from the 6th of February – 31st of
May
4. Other academic year obligations.
Exams, independent work, papers, theses and other related
work shall be carried out from the 25 th of May until the 25th of
June.
5. Final exam shall be held in June.
Professors who are responsible:
1.
2.
3.
4.
5.
Mariana SEMINI – Topics of Civil Law. Contracts and obligations.
Ardian NUNI – Juridical proceedings.
Valentina KONDILI – Representation, ownership.
Dashamir KORE – Prescription, co-ownership.
Artan HAJDARI– Inheritance.
“CIVIL LAW” is one of the most important theoretical and practical
disciplines of the teaching program of the School of Magistrates.
I. OBJECTIVES
The objective of the course of Civil Law in the School of Magistrates is
to achieve the following aims and main objectives:
1. Training of the magistrates to be capable to give qualitative
and professional civil juridical decisions.
2. Training of magistrates to draft court decisions containing
reasonable and logically strong legal reasoning, based on the
administrated evidences during the court proceeding and the
legal provisions.
3. Training of the independent judges capable to settle cases.
4. Familiarization with the scientific and independent work
during the school years and with practical information on the
work of magistrates.
5. Education on the importance of honest and reliable judges
and prosecutors.
6. Training of students with the most essential knowledge from
“Civil Law”.
7. Interconnection of procedural and material elements while
settling civil conflicts.
8. Miscellaneous.
II. HOW TO ACHIEVE OBJECTIVES
Teaching of Civil Law in the Albanian School of Magistrates and its
objectives during the first theoretical year would be realized through:
1. Treating of new theoretical elements by the lecturer aiming at:
a. Avoiding giving same lectures to the students as those offered in the
Faculty of Law, and halting the attention to the less theoretically
treated topics.
b. Giving lectures on hot issues such as:
- Legal debates on disputable provisions of Civil Law
- Discussion of issues with legal vacuums or of issues not
expressively resolved by the law
- Interpretation of new laws
- Analyses of scientific issues published in the country and abroad.
2. Exercises treated into two models:
a. The first model of one class of practical cases/exercises shall be as
follows:
Four or five practical cases shall at least be given to the
candidates by the lecturer in every class so that they can be
analyzed by the candidates.
The cases will be taken from the Albanian case law of the three
instances (including the case law since 1994 onwards, regulated
by Civil Law in force and the case law of the period from 1929
until 1993, ruled by the Code of Zog, the decree “On property”, the
law on the juridical acts and obligations, the Civil Code of 1981,
etc.), of the Constitutional Court, of the case law of Western
Countries, practicing either Roman Law or Common Law.
b. The second model shall be as follows:
Students shall deal with analysis of practical cases. Cases shall be
disseminated by the lecturer on either the class or before hand
and students will have the possibility of participating in mock
trials, playing the role of judges, prosecutors, counsel of defense
for each party, or of another parties in the dispute. Role-playing
shall be rehearsed prior to the class (containing namely the
decision, the pretense, speech of the defense, etc.). During the
exercise classes students can be divided in two groups.
3. Independent works in the form of theses shall be guided by the course
lectors or other specialists, approved by the course lecturer, depending on
the theoretical and practice issues they cover.
During the second year the candidates for magistrates shall prepare full
and independent works in the form of theses. The work shall be about
important themes, such as: the invalidity of sale contracts, invalidity of
the bequest, real estate proportion, settling of disputes arising from
leasing contracts, and others.
The theses shall be prepared based on the case law of a certain district
courts during the last 1-5 years and the student shall draw his/her
own conclusions, which shall also be debated in groups.
This working process shall last for one year. Theses shall be handed
over by the end of the second school year.
The best works are to be published in the school magazine, issued
every academic year.
4. Organized studies of the judicial files that have passed through all
court instances. The study shall be organized in groups of 4-5
candidates. Conclusions of studies shall be discussed at the end.
5. Professional meetings with judges and other professional government
or non- government bodies of legal experts and lawyers so that students
can see how they carry their tasks, get familiarized with their working
environment and other issues.
6. Study visits in the working places of magistrates, in legal
information offices, court archives, lawyers’ offices so as to get a
first-hand look at their working place.
IV STRUCTURE
I. Legal persons and legal acts (140 Articles )
1. Legal persons, legal capacity, capacity to act, proclamation of a missed
person, proclamation of a dead person, public legal persons, private legal
persons, companies, foundations, manner of registration etc.
24 classes M.SEMINI
2. Representation, limits of representation, the proxy and its forms,
unfair representation.
12 classes V.KONDILI
3. Prescription, renouncement from prescription, fulfillment of
obligations out of term, suspension and interruption of prescription,
decadence.
12 classes D.KORE
4. Juridical actions, invalidity of juridical actions, the form of juridical
action, juridical actions on provision and on deadline.
30 classes A.NUNI
2. PROPERTY (172 ARTICLES)
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

Benefit of property on trust.
Benefit of property with prevailing prescription
6 classes V.CONDILI
Prescription of real estate and the legal problems regarding
it.
3 classes. M. SEMINI
Co-ownership, the right to preemption and the chattel
alienation, rights and obligations of co-owners, competencies
of bodies realizing administration, division of a shared
chattel.
Co-ownership in general, obliged co-ownership, its
administration, competencies of the bodies realizing
administration, changes of a joint chattel and legal
administrative procedure or urban planning rules related to
it, the agricultural family co-ownership, rights and
obligations of co-owners, alienation of chattel in coownership, co-ownership of spouses.
12 classes D. KORE
Usufruct
3 classes M. SEMINI
Servitudes
3 classes M. SEMINI
Protection of the property right
18 classes V.KONDILI
3. INHERITANCE (102 Articles)




The
unworthiness,
renouncement
from
inheritance,
insurance of the inherited property, inheritance-related
lawsuits.
Legal inheritance, inheritance according to the order.
The inheritance by testament, limitations of testament
possession, legal reservations, renouncement from the
testament, and all different types of testaments
Invalidity of the testament.
24 classes A. HAJDARI
4 OBLIGATIONS AND CONTRACTS (754 ARTICLES)









Practical issues of contract interpretation
Pre-contractual period. Suggestion, Proposal, admission,
preliminary
discussions,
advertising,
public
offers,
gentlemen’s agreements, unilateral promise, preliminary
contract and other issues regarding them.
Non- execution of obligations, delay of the debtor, loss of
interest by the creditors, incapacity to execute obligations.
Conflicts as a result of contract form, the contract and its
annulment.
Means of insurance of executing obligations, the mortgage,
the pawn, warranty and deposit. Practical cases.
Property and non-property damage. Damage by fraudulent
competition, damage by products and the identity of the
producers, other damages.
Contract of sale, practical cases, sale of goods, international
sale, sale of real estate, sale of agricultural land.
Leasing Contract and practical cases.
Contract of supply, contract of order, contract of
commission, contract of consignment.
48 classes M. SEMINI
V. LITERATURE
1. Obligation and Contract Law I and II vol. M SEMINI. Publishing house
“Aferdita”, Tirana 1998. Scanderbeg books, 2007.
2. The Inheritance Law. Nazmi Bicoku, Tirana 1998.
3. Property. Avni Shehu, SHBLU: Tirana 1998.
4. Albanian Civil Code, Publishing House ALBAL: Tirana 1997.
5. Real estate. I and II vol. Publishing House ALBAL, Tirana 1996.
6. Civil Code of 1929.
7. Civil Code of 1981.
8. Contracts and obligations, Prof. Doc. Mehdi J. Hetemi: Publishing
House “Luarasi”, 1998.
9. Obligations and General Contracts. Publishing House “Luarasi”, 1932.
10. Foreign contemporary literature.
11. Summary of decisions of High Court in years.
SYLLABUS OF
CIVIL PROCEDURE
(For the School of Magistrates)
(Academic year 2008 – 2009)
1. Annual teaching load: 192 classes
2. Week teaching load:
6 classes of 45’ each,
3. The academic year is divided into two semesters:
- First semester: 16 weeks, from the 6th of October – 1st of
February
- Second term: 16 weeks, from the 2nd of February – 31st of
May
4. Other academic year obligations.
Exams, independent work, papers, theses and other related
work shall be carried out from the 25th of May until the 25th of
June.
5. Final exam in June.
I. ORGANIZATIONAL STRUCTURE
Professors responsible
1. Dashamir KORE
 Content and legislation duties of Civil Procedure
 The lawsuit, filing a lawsuit, parties in a civil
procedure trial, their rights and obligations
 Acts and procedure deadlines
2. Sokol ÇOMO
 Judgment in the Court of First Instance
 Proving process
 Court decisions
 Special judgments
3. Vangjel KOSTA



Judgment by the Supreme Court
Revision
Obligatory execution
4. Çlirim GJATA
 Deadlines and means of complaint
 Submission of a complaint in the Court of Appeal
1. Short, essential, theoretic treatment, especially for issues
not treated before aiming at:
o Avoiding theoretic and recurrent treatments, by focusing on
the disputable issues treated or not in the Faculty of Law.
o Organizing and stimulating judicial disputes on debatable
provisions of the civil procedure legislation.
o Stimulating the students to give their own opinion for issues
which have not found any solution in our Civil Procedure
Code.
o Making interpretations of new legal provisions.
o Discussing and analyzing judicial, scientific articles,
published in the country and abroad, on specific issues of
civil procedure.
2. Practical teaching classes
 3 or 4 practical cases are demonstrated by the professors
themselves.
While choosing such cases professors shall take in
consideration treatment of these cases as per the judicial power
of court decisions with the unified decisions of the United
Colleges of the Supreme Court.
While in the class, the elements of the decisions content shall
be treated from the legal and theoretical aspects, according to
the level of trial resulting in the relevant decision.
 Real cases shall be treated independently by the would-be
magistrates.
-
Professors shall in advance give the cases to the students in
order for them to study the case, the law and doctrine
connecting to the cases and to give them time to submit
written reasoning and be better prepared to debate with their
peers.
Through classes dedicated to exercises and mock trials, students
shall solve issues according to the Civil Procedure Code. The
cases shall be disseminated to the magistrate students before
hand, while they, divided in groups, shall play the role of the
court members and of the participating parties during trial,
showing how counsels of defense of both parties and of other
actors in a court proceeding act.
1.
o
o
o
o
Content and legislation duties of Civil Procedure.
Basic principles of a Civil Legal Proceeding.
Court, jurisdiction and its competencies.
Jurisdiction.
Substantial competencies, territorial competencies, change
of competencies due to agreements between parties.
o Challenge of jurisdiction and competencies.
o Removal of the judge, cases of removal, resignation from trial
and procedure on removal of a judge.
(22 classes) Dashamir Kore
2. The lawsuit, filing a lawsuit, parties in a civil procedure
trial, their rights and obligations
 Meaning of the lawsuit, its elements, merging of research and
lawsuits, rights and obligations of parties in trial, rebuttal and the
counter-claim.
(16 classes) Dashamir Kore
3. Acts and procedure deadlines
 Understanding of the procedure act, its role during trial, its effect
and invalidity.
 Announcements, and invalidity of the decision,
 Procedure deadlines.
(12 classes) Dashamir Kore
4. Trial in the first instance
 General principles of civil procedure.
 Efforts for reconciliation, legal proceeding, ensuring legitimacy
of parties
 Third persons in civil trial, procedure transfer
 Resignation from trial of cases and the right to the lawsuit.
(22 classes) Sokol Çomo
5. Process of trial
o General principles. Facts, evidences, presumption, judicial
debates, mutual judicial help.
o Kinds of evidence.
o Witnessing of participants in the process, interrogation,
witnesses, experts, examination of entities, chattels, experiments.
o Paper evidence, simple documents, rules of using them, challenge
to paper evidence falsity.
o Official acts as evidence.
(26 classes) Sokol Çomo
6. Court decisions

Final decision, other types of decisions, request for preparing
the decision, negotiations in the advisory room.
 Temporary execution decisions.
(10 classes) Sokol Çomo
7. Special trials
 Content, trial of administrative conflicts.
 Trial of commercial conflicts, devaluation of cheques, bills,
cambial and securities.
 Trial of conflicts regarding family and custody. Its procedure.
 Judicial portion.
 Declaration of a missing or dead person.
 Limitation and removal of ability to act, judicial confirmation of
facts, recognition of foreign courts’ decisions.
(20 classes) Sokol Çomo
8. Means and terms of complaint
 Means of complaining, the complaint, recourse and request for
review. Terms of complaint on court decisions, beginning of the
terms and complain preclusions.
 Presentation, announcement of complaint unification, and
complaint rebuttal.
 Final court decision, the judged chattel, mutual affects, final civil
court decisions.
(10 classes) Çlirim Gjata
9. Submission of complaints to the Court of Appeal.

Decisions that can be claimed, their content and documents
attached to the complaint, contradictory appeal, complaint reestablishment in term, the decadence.
 Court composition and examination of the case, judicial court
hearing, decision of the Appeal Court, cases of retrial, and
annulment of the execution.
(12 classes) Çlirim Gjata
10. Judgment by the Supreme Court
 Recourse and its procedures, content and submission of recourse,
counter recourse, annulment of execution, challenge of recourse.
 Judgment procedure by the Supreme Court, investigation in the
United Colleges, judicial investigation, judgment, decision-taking,
non-repetition of recourse,
renouncement of recourse, legal
importance and power of Instructions and final conclusions of the
Supreme Court on the court retrial of the case.
 Unified decisions of the United Colleges in Supreme Court,
importance and judicial nature, etc.
(18 classes) Vangjel Kosta
11. The review
 Request for review and cases of review, request presentation term,
request investigation by the Supreme Court.
(4 classes) Vangjel Kosta
12. The obligatory execution
 Executive titles, order of execution, bailiff territorial competencies
 General rules and principles of obligatory execution, execution in
special fields, obligatory execution in money, general principles.
 Execution on movable property, auction, execution on immovable
property, auction of the budgetary institutions assets (money) on
bank accounts.
 Possession of movable property, of immovable property, execution of
a curtain action.
 Defensive means against the mandatory execution, invalidity of the
executive title, challenge of the bailiff acts,
 The annulment and ceasing of execution.
(20 classes) Vangjel Kosta
SYLLABUS OF
“COMMERCIAL LAW”
(For the School of Magistrates)
(Academic year 2008 – 2009)
6. Annual teaching load: 112 classes
7. Week teaching load:
3 classes of 45’ each.
8. The academic year is divided into two semesters:
- First semester: 16 weeks, from the 6th of October – 1st of February
- Second semester: 16 weeks, from the 6th of February – 31st of
May
9. Other academic year obligations.
Exams, independent work, papers, theses and other related
work shall be carried out from the 25 th of May until the 25th of
June.
10. Final exam shall be held in June.
I. ORGANIZATIONAL STRUCTURE
Professors who are responsible:
1. Florina Tegu (Nuni)
2. Genc Boga
3. Altina Xhoxhaj
4. Adriana Shehi
5. Neritan Kallfa
Pranvera Kellezi is invited for the topic of competition from the
University of Geneva.
Commercial Law is an indispensable discipline of a particular importance
for the teaching, theoretical and practical programme of the School of
Magistrates.
I. AIMS AND OBJECTIVES
Main objectives of the course are:
9. Providing future magistrates with a sound theoretical and
practical base of commercial cases, rendering them capable of
issuing civil and commercial court decisions.
10. Encouragement of the scientific and independent work of
magistrates at school and during the years they exercise their
profession.
11. Training of magistrates to draft court decisions containing
reasonable and logically strong commercial reasoning, based
on the evidence administered during the process and legal
provisions.
12. Education on the importance of honest and reliable judges
and prosecutors.
III. II. HOW TO ACHIEVE OBJECTIVES
Teaching of Commercial Law in the Albanian School of Magistrates and
its objectives during the first theoretical year shall be realized through:

Treatment of new theoretical elements by the lecturer aiming at:
avoiding giving same lectures to the students as those offered in
the Faculty of Law, and halting the attention to the less
theoretically treated topics. Giving lectures on hot issues such as,
legal debates on disputable provisions of the commercial law,
interpretation of new laws, treatment of issues that have not been
resolved due to the gap in the commercial legislation, and analyses
of scientific issues published in the country and abroad.

Practical case classes: which shall cover an important share of the
teaching process. These classes consist in analysis of practical
cases by the courts, helping the students be prepared as much as
possible about real-life situations. These classes shall be realized
according to two main models:
:
c. The first model of one class of practice shall be as follows:
Four or five practical cases shall at least be given to the students
by the lecturer in every class so that they can dwell on their
analysis.
The cases will be taken from the Albanian case law of the three
instances, of the Constitutional Court, of the case law of Western
Countries.
d. The second model shall be as follows:
Students shall analyze concrete practical cases. Cases shall be
disseminated by the lecturer during the class or before hand and
students will have the possibility of participating in mock trials,
playing the role of judges, prosecutors, counsel of defense for each
party, or of another party in the dispute. Role-playing shall be
rehearsed prior to the class (containing namely the decision, the
pretense, speech of the defense, etc.). During the exercise classes
students can be divided in two groups.

Independent work, which shall consist in topics to be treated from
magistrates for important theoretical and practical issues such as
conflict of share-holders in a company, mergers and divisions of
companies, cases of insolvency of legal persons and others.

Organized study of court files, particularly of files that have passes
through all the trial levels. The study will be made in groups
composed of 4-5 candidates. Conclusions derived from the
candidates shall be studied in the practical classes.
IV. STRUCTURE OF THE COURSE
1. Introduction in the commercial law
3 classes
 Historical Development of the Commercial Law
 Understanding of the notion of the businessman and his
characteristics.
 Practical issues.
Altina XHOXHAJ
2.



Companies and their characteristics ……………………… 9 classes
Definition of the company and its characteristics.
Division of companies and main characteristics of each division.
Legal personality and acts for companies undergoing the
establishment procedure.
 Invalid company cases.
 Practical cases.
Genc BOGA.
3. Simple companies, collective companies and limited companies
…………………… 9 classes
 Main characteristics of simple companies as joint ventures.
Change from a joint venture into an entity.
 Registration of simple companies in the National Registration
Center.
 Organization and functioning of the simple company as per the
“corporate governance” principles.
 Responsibility of parties in the contract of a simple company.
 Practical cases.
 Main characteristics of collective and limited companies.
 Responsibility of share holders in each of these types of companies.
 Administrators and their functions.
 Transfer of the fundamental capital parts.
 Practical cases.
Ardiana SHEHI
4. Limited liability companies ltd……………………… 12 classes
 Definition and naming, instructions on acts and documents.
 Contributions in nature and money.
 Administration of the company, rights and tasks of the
administrator.
 Transfer of the capital and inheritance from the share-holders to
their parties.
 The only share-holder.
 Reduction and augmentation of the capital.
 Transformation of companies.
 Accountant experts.
 Practical cases
Altina XHOXHAJ
5.
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6.
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Joint stock companies ………………………………………… 16 classes
Definition and naming, instructions on acts and documents.
Companies with or without a public offer.
Assembly of share-holders, its competencies.
Steering bodies of the joint stock company, composition,
competencies.
Reduction or increase of the capital.
Control of the joint stock companies.
Shares, peculiarities, their kind.
Subsidiaries, participatory and controlled companies.
Practical cases.
Altina XHOXHAJ, Ardiana SHEHI
Commercial register……………………………………………….6 classes
Keeping records in the National Registration Office.
Procedure of registration.
Sections of the register
Invalidity of registrations of commercial entities.
Procedure and obligation.
Practical case
Florina NUNI
7. Termination of companies, dissolution, mergers and divisions.
Invalidity of companies ……
9 classes
 Termination of companies and cases of termination.
 Possibilities of mergers and divisions.
 Their modalities.
 Practical cases
Florina NUNI
8. Liquidation of companies …………………………………...
6 classes
 Rules of liquidation
 Termination of liquidation by an assembly decision or by a court
decision.
 Setting of the liquidator and his/her responsibilities.
 Practical cases.
Florina NUNI
9.
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Insolvency…………………………………………………….
9 classes
Subjects of insolvency
Causes of insolvency
Role of the commercial sections in the first instance courts
Legal procedure of insolvency
Consequences of insolvency
Rescue of the debtor
EU Regulation on insolvency
Florina NUNI, Ardiana SHEHI
10. Tax register on commercial entities………………
11 classes
 The tax and charge system in the Republic of Albania. Main kinds
of taxes and charges. Main relevant legal and by-law acts.
 Main principles of organization and functioning of tax
administration in the Republic of Albania.
 Rights and obligations of taxpayers.
 Relevant taxes and charges as per the kinds of taxpayers. An
overview of the personal income tax for all kinds of taxpayers.
 Avoiding of dual taxation. Agreements on avoiding dual taxation.
(DTT)
 Practical issues.
Ardiana SHEHI
11. Banking legislation. The Bank of Albania and central regulation of
the banking system. Private banks…………………….
6 classes
 Relations between the Bank of Albania and other banks.
 Organization and leadership of the Bank of Albania.
 Bank licensing.
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Bank administration and leadership
Different banking contracts.
Practical issues.
Neritan KALLFA
12. Competition……………………………………………………. 14 classes
 The object and field of application
 Prohibition of the competition limitation.
 Division and prohibition of mergers.
 Prohibition and illegal actions against consumers and other
competitors
 Economic competition directorate.
 Sanctions
 Competition
 Practical issues
Pranvera KELLEZI
13. Free topics …………………………………………………………2 classes
Florina NUNI
LITERATURE
1.
2.
3.
4.
5.
6.
Law “On Companies”
Law on the National Center of Registration.
Law no 8901, dated 23.05.2002 “ On Insolvency”
Comparative Approach of Insolvency, Publication of 2005
Foreign contemporary literature.
Summary of publications of decisions of the Supreme Court
in years.
7. Legal aspects of the banking activity, publication of year
2002, Neritan Kallfa
8. Official bulletin of the Bank of Albania.
9. Companies, comment on Law no 7638, (3 volumes) Baki
Berberi, November 2004.
CONSTITUTIONAL LAW
( For the School of Magistrates)
(The Academic year 2008-2009)
1. Annual teaching volume :64 hours 45’ each
2. Weekly teaching volume: 2 hours 45’each
The academic year divided into two terms:


The first term: 16 weeks, from 01 October - 01
February
The second term: 16 weeks, from 04 February –
31 May

Other obligations
From 25 May – 25 June, the students should accomplish all the annual
obligations such as: tests, exams, independent works, theses etc.
1. The lesson exam – June
I. ORGANIZING STRUCTURE
Pedagogues responsible
Perikli ZAHARIA
II. LESSON PROGRAM
1) The meaning of constitution: Determinative terms, the characteristics of a
constitution, constitutional acts, hierarchy of law, constitutional amendments.
2) Basis of the Constitutional law, constitutional normative, international treaties,
jurisprudence, constitutional institution, interpretation of constitutional normative,
well-known authors.
3) Constitutional status and its composition, governing branches: powers in time of
emergency.
4) Constitutionalism, the consent of the governed, open society, legal state,
constitutional implementation, inspecting governance by people,
5) Power division doctrine, power division in Presidential Democracy, reciprocal
inspection and balance.Powers’ interference in Parliamentarian Democracy,
limiting borders.
6) Legislative: structure; unicameralism and bicameralism
7) Legislative organize, its meetings, the speaker, permanent commissions, party
organize, parliamentary groups, type members’ types of legislative, connection
with the electoral zones, the theory of obligatory mandate, the theory of
independence.
8) Legislative functions, drafting of laws, constitutional functions, electoral
functions, financial functions, executive functions,Informative functions, the
changeable democratic legislative.
9) Legislative procedure,
types of legislation, the main stage of draft law treatment.
10) The executive power; two main roles of the executive power; the State Chairman
and Government Leader, the executive as State Chairman, the main types, the
main functions, the division and interference.
11) The President, as a State Chairman, election, the deadline of duty, the
incompatibility, the charge against him, provisional replacement, competencies.
12) The president, the Government leader, the President and the Prime minister, the
State Chairman, The Chief of Diplomacy, the Commander in Chief, the leader pf
the emergency time, the Party Leader, the Head of Parliament.
13) The prime minister, as a State Chairman, The Prime Minister, ministers, the
employment of the civil officials, the deadline and employment conditions, job
relations, cabinet,
Government helpers, the staff of the Prime Minister, Departments, job relations,
inter
ministerial relations, the, ministers and the officials, and the Prime Minister and
Coalition Governance, the executive in non-democratic systems.
14) Different ways of Governance in a democracy, parliamentary and Presidential
democracies and some other kinds of hybrids.
15) The difference between the persons of the executive and administration one; in
functions, in selection and the time duration in duty; bureaucracy; formal status of
administrative agencies.
16) The art of Governing; the administration and administrators’ policy, the
administrative impact over the executive and legislative policies; the
administrative rules; the administrative discretion.
17) The “Administocracy” in a democracy, the solution; the difficulty of buying
conscious administrators; the verification by the selected officials; the verification
by the courts, the interference by the Ombudsman.
18) Locative governance; the bases; the members, the officials, local governance
processes; the meetings; relations between a member and an official; finances of
the local governance; the incomes; the expenses; the verification of the account.
19) Constitutional issues; in accordance with the locative governance; relations
between the location and central power; Prefect; standards; the European Card on
local governance.
20) Judiciary; structure; appeal; Judiciary nominations and the serving conditions; the
judge selection and mandate; lawyers and judges; nomination; disciplinary
measures and judge assignment; solution and revocation of judges; the judiciary
immunity.
21) The judiciary independence, the European Card on the status of judge; High
Council o Justice; Legislative and Executive; official relations; the separation of
judge from prosecutor; the defense of judges from public pressure.
22) Basic systems in Justice; the plaintiff and the defendant; the specialized judiciary
functions; law implementation; conflict solution; the revise of constitutionality of
legislation from courts.
23) Judicial administration,; judicial management; budgetary and administration
independence of judges; the pay of the judge.
24) The General Prosecutor position; its organization; selection; nomination and
discharge of the prosecutors and others; functions, official relations with the
judiciary.
25) Constitutional Court; its composition; selection; nomination; time duration in
duty; the discharge; the immunity of the Constitutional Court Members;
functions and competencies of Constitutional Court.
26) Exercise of the judicial revise of the Constitutional Court’; legitimated subjects
during the process; the “case and objection”.
27) The Supreme Court; the Constitutional Court; interconnection of their roles;
competencies and possibilities.
28) The European Court of Human Rights; Protocol nr. 11 of the Convent of the
Protection e of Human Fundamental Rights.
29) Ombudsman; selection; nomination; time duration in his duty; the role and
function of the Ombudsman; his jurisdiction and competencies; Complains and
inspection; Investigations on the own initiative of the Ombudsman; the
parliament.
30) International Treaties; their Status on the Albanian Internal Rights; the European
Convention on Human Inner Rights in Albania; monism and dualism; the
implementation of Convention by the Court .
31) Political and civil rights; Cultural, social, and economic rights; Negative and
positive State obligations; Criminal procedure, as an issue of Constitutional Law.
The Implementation of Strasburg issues in the inner rights.
32) The right for a fair trial, (article 6 of the European Convention for the protection
of Human Rights, the implementation field in putting them for criminal charge,
for the civil and obligation rights, guarantees, the right to go to the court, the right
for a fair hearing session, the right for public hearing session and public
promulgation decision, the right for a trial within a legitimate time, the right for
an independent and impartial court, decided by law, the right to complain.
LITERATURE:
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Albanian Republic Constitution
Albanian Republic Constitutional decisions.
Monographs prepared by Albanian and foreign specialists on the
occasion of the Albanian Constitution draft.
Text book on Constitutional & Administrative law – Brian
THOMSON.
Constitutional Law – Gunther
Constitutional Faith –Sanford LEVINSON
The rebirth of democracy (12 constitutions of central and Eastern
Europe).
Comparative Government – Jean BLONDEL
The Road to Constitutionalism – A. E. Dick Howard
A Lawyer’s Looks at CONSTITUTION – Rex E. Lee. (Translated by
the judge Petrit PLLOCI)
Separation of Powers: Interpretation. Outside the Courts – Louis
FISHER.
A Lawyer’s look at Constitution.
Separation of Powers: Interpretation. Outside the Courts – Louis
FISHER.
“After Communism: Devolution in Central and eastern Europe”. – A.
E. Dick Howard
Law and practice of the European Convention on Human Rights and
the European Social Charter – Donna Gomien, David Harris, Leo
Zwaak.
Law on the European Convention on Human Rights – HARRIS &
O’BOYLE & WARBRICK
The search for Justice – Joshua ROZENBERG (AN ANATOMY OF
THE Law)
European chart on status of judge. – CE
Albanian Jurisprudence – Legal Magazine of School of Magistrates
“Human Rights” – Albanian Publishing Center of Human Rights

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







The Parliamentary Law and legal Policies. (Parliamentary Studying
Center).
Legal Life – Legal Magazine – A publication of the School of
Magistrates.
Source Book on Public International law – Tim HILLER.
Governing the New Europe – Jack HAYWARD & EDWARD C.
PAGE
American Government – James Q. Wilson
Guide to International Human Rights Practice – Hurst HANNUM
The Democratic Tradition – Elmar M. HUCKO
The Challenge of Democracy – Janda – Berry – Goldman.
For an European Public Order – Selected decisions of the ECHR.
In Search of Demosracy – Stephen K. Mc.Dowell & Mark A. Beliles.
PROGRAM OF SUBJECT
“ADMINISTRATION OF COURT AND MANAGEMENT OF
CASES”
(For the School of Magistrates)
(Academic Year)
(For the first year)
1.
2
3.
4.
Semestral teaching load: 32 hours.
second semester 16 weeks 2 february – 31 may
weekly teaching load: 2 hours, 1 lecture and 1 seminar.
Examination in june
Responsible professors:
1. Vangjel KOSTA
2. Toni GOGU
I.
Objectives
Treatment of discipline of Administration of Courts and Management of
Cases will aim at achieving the main goals and objectives, which are:
1. Creation of clear concepts of what the courts are and why should they
be seen as “in service in favor of public”.
2. Creation of clear concepts relating to relation of magistrates with the
administrative staff as a necessary cooperation relation.
3. Creation of clear concepts related to the role of magistrates in court
management and needs of cooperation with the persons using the
court for its services.
4. Preparation of magistrates able to actively participate in cases of
administration of court in which they will exercise their duty.
5. Enabling the magistrates in precise planning of necessary activities
for the realization of their duties in the judiciary.
6. other.
III. WAYS OF ACHIEVING THE OBJECTIVES
Objectives will be reached through the following ways:
1.Treatment of theoretical elements from the lecturer.
2. Exercise hours.
3. Independent work in the form of essays, which will be guided from the
lecturers.
4. Meeting with judges, court presidents, administrative staff.
5. Visits to courts to see court services towards the public and others.
STRUCTURE OF SUBJECT
TOPIC 1. General overview on court administration (6 hours)
Issues:
1 – Meaning of Court Administration
2 – Internet networks in court
Topic 2. Access in the Judicial System (6 hours)
Issues:
1- Court employees and possibility of using the judiciary
2- Social responsibilities of employees of court administration
3- Legal assistance and its limitations
Topic 3. Menagement of circulation of court cases (6 hours)
Issues:
1- Definition of circulation of court cases
2- Practical management of circulation of cases
Topic 4. Independence and Responsibility (6 hours)
Issues:
1- Ethics of behaviour
2- Responsibility of courts
Topic 5. Public trust and confidence (6 hours)
Issues:
1- Public opinion and courts
2- Increase of trust at courts
Topic 6. Strategic planning (4 hours)
Issues:
1- Strategic planning for courts
2- Strategic planning and its efficient use by the court administrators
Teaching will be based on the textbook published from the School of
Magistrates. In each chapter are reflected the additional reading and
possibilities to use individually other sources of information.
Each professor will present preliminarily cases belonging to the relevant
lessons.
V. LITERATURE
Determined in the subject textbook.
We will also use different act of the High Council of Justice and Minister
of Justice to the function of court administration.
SYLLABUS OF
“CRIMINAL LAW”
(For the School of Magistrates)
(Academic year 2008 – 2009)
(for the first year)
11. Annual teaching load: 192 classes
12. Week teaching load:
6 classes of 45’ each.
13. The academic year is divided into two semesters:
- First semester: 16 weeks, from the 6th of October – 1st of February
- Second semester: 16 weeks, from the 6th of February – 31st of
May
14. Other academic year obligations.
Exams, independent work, papers, theses and other related
work shall be carried out from the 25 th of May until the 25th of
June.
15. Final exam shall be held in June.
Professors who are responsible:
SKENDER KACUPI
ARBEN RAKIPI
LULEZIM LELÇAJ
“CRIMINAL LAW” is one of the most important theoretical and practical
disciplines of the teaching program of the School of Magistrates.
I. OBJECTIVES
The objective of the course of Criminal Law in the School of
Magistrates is to achieve the following aims and main objectives:
13. Training of the magistrates to be capable to give qualitative
and professional criminal judicial decisions.
14. Qualitative and professional decisions
15. Training of magistrates to draft court decisions containing
reasonable and logically strong legal reasoning, based on the
administrated evidences during the court proceeding and the
legal provisions.
16. Training of the independent judges capable to settle cases.
17. Encouragement of students to do scientific and independent
work during the school years and during their profession.
18. Interconnection of procedural and material elements while
settling criminal conflicts.
19. Miscellaneous.
II. HOW TO ACHIEVE OBJECTIVES
Teaching of Criminal Law in the Albanian School of Magistrates and its
objectives during the first theoretical year shall be realized through:
4. Treating of new theoretical elements by the lecturer aiming at:
c. Avoiding giving same lectures to the students as those offered in the
Faculty of Law, and halting the attention to the less theoretically
treated topics.
d. Giving lectures on hot issues such as:
- Legal debates on disputable provisions of the criminal law
- Interpretation of new laws
- Analyses of scientific issues published in the country and abroad.
2. Exercises treated into two models:
e. The first model of one class of practice shall be as follows:
Four or five practical cases shall at least be given to the
candidates by the lecturer in every class so that they can be
analyzed by the candidates.
The cases will be taken from the Albanian case law of the three
instances (including the case law since 1995 onwards, regulated
by Criminal Code in force, and previous case law regulated by the
previous criminal codes), of the Constitutional Court, of the case
law of Western Countries, practicing either Roman Law or the
Common Law.
f.
The second model shall be as follows:
Students shall deal with analysis of concrete practical cases.
Cases shall be disseminated by the lecturer on either in the class
or before hand and students will have the possibility of
participating in mock trials, playing the role of judges,
prosecutors, counsel of defense for each party, or of another party
in the dispute. Role-playing shall be rehearsed prior to the class
(namely the decision, the pretense, speech of the defense, etc.).
During the exercise classes students can be divided in two groups.
3. Independent works in the form of theses, shall be guided by the course
lectors or other specialists, approved by the course lecturer depending on
the theoretical and practice issues they cover.
During the second year the candidates for magistrates shall prepare full
and independent theses. Theses work shall be about important topics.
The theses shall be prepared based on the case law of a certain district
court during the last 1-5 years and the student shall draw his/her own
conclusions, which, at the end, shall also be debated in groups.
The working process shall last for one year. Theses shall be handed
over by the end of the second school year.
The best works are to be published in the school magazine, issued
every academic year.
4. Organized studies of the judicial files that have passed through all
court instances. The study shall be organized in groups of 4-5
candidates. Conclusions of studies shall be discussed at the end.
5. Professional meetings with judges and other professional government
or non- government bodies of legal experts and lawyers so that students
can see how they carry their tasks, get familiarized with their working
environment and other issues.
16. Study visits in the working places of magistrates, in legal information
offices, court archives, lawyers’ offices so as to get a first-hand look
at the law practitioners working place.
IV. STRUCTURE OF THE COURSE
I
Criminal Law, perspectives
contemporary criminal law.
of
its
development;
application
of
Teaching load 46 classes
- Criminal Law in the Constitution of Albania.
- Application of the contemporary criminal law.
- Application of criminal law in time and space.
- Interpretation of the Criminal Law.
- Aim of conviction; current perspective.
II Institutes of Criminal Law
Load 62 classes
- General theory on criminal violations
- The criminal offence, kinds of criminal offences.
- Objective and subjective elements
- Action and omission
- Cause-effect relation,
- Guiltiness, its form,
- Mistakes,
- Circumstances that exclude social danger,
- Accomplice, its forms; the structural group, organized gangs, criminal
activities, terrorist activities.
- Attempts, theoretical and practical issues related to it.
- Competition of criminal offences; continuous crime; organized crime.
- Alternatives of conviction. Restorative justice.
III
Different figures of criminal offences
load 84 classes
- Crimes against life.
- Sexual crimes.
- Criminal offences against freedom of the individual.
- Criminal offences against moral and dignity.
- Criminal offences against marriage and family.
- Criminal offences against property.
- Criminal offences in the field of customs and taxes.
- Criminal offences in the forgery field.
- Crimes against independence and integrity.
- Criminal aspects related to the law of expression.
- Criminal aspects of the law on drugs.
- Criminal offences while exerting public functions.
- Crimes against justice.
IV
Literature
- The Criminal Law, Prof. Ismet Elezi, Tirana 2005
- Commentary of the Criminal Code, Prof. Ismet Elezi. Prof. Skender
Kacupi, Assoc. Prof. Maksim Haxhia , Tirana 2006
- Organized Crime, Zamir Poda, Tirana 1998
- Historical development of Criminal Legislation in Albania. Prof. Ismet
Elezi, Tirana 1999
- The Criminal Code of 1929
- The Criminal Code of 1952
- The Criminal Code of 1977
- The Criminal Code of 1995
- Foreign contemporary literature.
- Summary of publications of decisions of the Supreme Court in years.
- Unified decisions of the High Court
SYLLABUS OF
“Criminal Procedure”
(For the School of Magistrates)
(Academic year 2008 – 2009)
17. Annual teaching load: 192 classes
18. Week teaching load:
6 classes of 45’ each.
19. The academic year is divided into two semesters:
- First semester: 16 weeks, from the 6th of October – 1st of February
- Second semester: 16 weeks, from the 6th of February – 31st of
May
20. Other academic year obligations.
Exams, independent work, papers, theses and other related
work shall be carried out from the 25 th of May until the 25th of
June.
21. Final exam shall be held in June.
Course Professors:
1.
2.
3.
4.
II.
Halim ISLAMI
Ilir PANDA
Artan HOXHA
Sander SIMONI
COURSE AIMS AND OBJECTIVES
“Criminal Procedure Law” is conceptualized as an important discipline
for the
theoretical explanations and connection to practice of all
procedural actions to be carried out during the investigation phase, court
proceedings and execution of decisions in regards to the respect of
human rights in the fight against crime and delivery of justice.
I. OBJECTIVES
The objective of the course of Criminal Procedure Law in the School of
Magistrates is to achieve the following aims and main objectives:
20. Training of the magistrates to be capable to deliver justice,
fight criminality and respect human rights and freedoms.
21. Training of magistrates to carry out qualitative and
professional procedural actions, compliant to the procedure
law requirements, fully and justifiably drafting them from the
legal, logic and language viewpoints.
22. Training of the independent judges and prosecutors with the
principle of independence of the judiciary.
23. Encouragement of independent scientific work during the
theoretical part and the practical part of the course.
24. Training of magistrates that have a correct and professionally
ethic behavior.
II. HOW TO ACHIEVE OBJECTIVES
Teaching of Criminal Procedure Law in the Albanian School of
Magistrates and its objectives during the first theoretical year shall be
realized through:
1. Improvement of the theoretical level of lectures by the
professors. Lectures shall treat main institutions and provisions of
the Criminal Procedure Code taking care to repeat things learned
in the Faculty of Law as little as possible and to inter-relate
theoretical and practical knowledge as much as possible. Other
important issues for training of judges and prosecutors shall be
treated. A special importance shall be dedicated to the following
issues.





Treatment of criminal procedure systems, distinctions
among them and implementation in Albania with the aim of
establishment of the most accurate and fair vision possible
for the institutes and provisions of the Criminal Procedure
Code.
Stressing of the idea of support of criminal proceeding on
principles and norms recognized by states with distinguished
democratic traditions and their analysis compliant to the
Albanian conditions.
Commenting of procedure provisions related to
constitutional principles on human fundamental rights and
freedoms, such as, for instance, the norms for setting and
implementing security measures, control of seizure, rights of
defendants, provision of the defense, and others. Connection
of criminal procedure norms with the international norms
shall also be examined.
Explanations on the place and role of the criminal
proceeding subjects and relations between them, putting the
stress on the independence of courts, organization and
functioning of the prosecution, position of the prosecution
office as a unique and centralized body, rights of the
defendant, role of the defense, equality of parties and others.
Explanations and applications of procedure acts for the
preliminary investigation acts, in particular related to the
techniques of investigation, interception, infiltration and



cooperation with justice, as per the amendments made to the
criminal Procedure Code.
Judgment as the final phase of criminal proceedings;
treatment of manner of collection of evidence and derivation
of evidence from the party debates, submission of evidence
in the court and other issues.
Treatment of the importance of magistrates in the criminal
proceeding in the historical and actual context.
Professional ethics as an important element of criminal
solemnity.
2. Practical cases (seminars) on the main topics and issues. They
shall be organized in the form of debates launching ideas for
discussions and debates with the students.
3. Study and discussion of the decisions of the Constitutional Court
and of the High Court which serve as basis for the court practice.
Encouragement of debates for certain decisions.
4. Professional meetings with distinguished judges and prosecutors
in treating specific topics and case law.
5. Independent work in the form of topics, to be led by professors or
other specialists on theoretical and practical issues. These shall be
prepared during the academic year and presented at the end of the
school year.
III. COURSE STRUCTURE
I – CRIMINAL PROCEDURE AND THE MAGISTRATES
1) The Criminal Procedure Law, reasons of a thorough study by
the ones graduated in law and importance of the course; magistrate –
criminal procedure relations.
2) Historical framework of relations.
3) Current framework of relations.
4) Perspectives of criminal procedure and role of magistrates
3 classes – Halim
Islami
II. – SYSTEM OF CRIMINAL PROCEDURES AND OF THE CRIMINAL
PROCEDURE CODE
1) Historical overview of criminal procedure.
2) Inquisitory system.
3) Accusatory system
4) Characteristics of both systems and application in the
Criminal Procedure Code.
6 classes – Halim
Islami
III – COMPLIANCE OF CRIMINAL PROCEDURE LEGISLATION WITH
INTERATIONAL PRINCIPLES AND STANDARDS.
Work done after the year 1990 to achieve compliance.
1) Compliance with main international conventions.
2) Compliance with the European Convention on Human
Rights (Articles 2,3,5,6,7,8,13) and its protocols.
6 classes – Halim
Islami
IV – OVERVIEW OF CONSTITUTIONAL PROVISIONS IN THE
CRIMINAL PROCEDURE CODE
1) Provisions on fundamental rights and human rights (law
analysis in general).
2) Explanations of the norms of constitutional provisions which
are directly criminal procedure issues.
3) Reflection of the above norms in the Criminal Procedure
Code and analyses of the norms.
3 classes – Halim
Islami
V – MAIN PRINCIPLES OF CRIMINAL PROCEEDINGS
1) Respect of law.
2) Court independence.
3) Presumption of innocence.
4) The right to defense.
5) Prohibition of dual trial for the same offence (non bis
indem).
6) Re-establishment of rights.
7) Use of Albanian language.
8) Other principles.
12 classes – Halim
Islami
VI - SUBJECTS OF PROCEEDINGS
1) The court
a- The judicial system in the Republic of Albania
b- Criminal Courts according to the Criminal Procedure
Code
c- Function and composition of courts
d- Incompliance and functions of a judge
2) Prosecution
a- Constitutional position of the Constitution
b- Organization and functions.
c- Prosecutor as the body of criminal prosecution.
d- Law “On Organization and Functioning of the
Prosecution Office”
3) Judicial police
a- Concept, organization and functions.
b- Explanations of relevant law on judicial police
4) The Defendant
a- Position of the defendant in a criminal proceeding
b- Main rights of the defendant
5) Counsel for the defendant
a- Rights of the counsel
b- Counsel-defendant relations
6) The one harmed from the criminal offence
a- Rights of the ones affected by the criminal offence
b- Individuals harmed by the accusation.
c- The novelty of the Criminal Procedure Code on the
private accusation.
7) The civil claimant and defendant
a- Rights of the claimant.
b- Civil lawsuit in the criminal process.
c- Characteristics of trial of the lawsuit.
12 classes – Halim
Islami
VII. JURISDICTION AND COMPETENCIES
1) Jurisdiction
a- Understanding of jurisdiction
b- Kinds of jurisdiction
2) Competencies
a- Competencies of matter
b- Competencies of subject
c- Competencies due to merging of related proceedings
ç- Lack of competencies
d- Disputes on competencies
dh- Merging and separation of cases
e- Case transfer
9 classes Sander
Simon
VIII ACTS, NOTIFICATION AND DEADLINES
1) Acts
a- Compilation of acts.
b- Replacement of acts.
c- Acts of the prosecutor.
ç- Acts of the court.
d- Acts documenting commission of a procedure act.
dh- Translation of acts
e- Invalidity of acts
2) Notifications
a- Practical and concrete recognition with the prosecutor
and court acts
3) Deadlines
a- Understanding of deadlines
b- Kinds of deadlines
c- Calculation of deadlines
d- Re-establishment of deadlines
12 classes – Sander
Simoni
IX. EVIDENCE
1) Understanding of evidence
2) Object of evidence
3) Process of trial and its phases; importance of each phase.
a- Testimony
b- Summoning of the defendant
c- Confrontations
ç- Recognitions
d- Experimenting
dh- Expertise
e- Evidence
f- Documents
5) Means of searching for evidence
a- Supervision
b- Controls
c- Seizures
ç- Telephone and communication interception.
6) Indirect evidence
7) Valuation of evidence
18 classes – Sander
Simoni
X. SAFETY MEASURES
1) Personal safety measures
a- Coercive measures and their kinds
- Prohibition of travels abroad.
- Obligation to be present to the judicial police.
- Prohibition and obligation to stay in a certain place.
- Material guarantee.
- House arrest.
- Temporary hospitalization in a psychiatric hospital.
b- Preventive measures
- Suspension of exertion of a task or of the public
service.
- Temporary prohibition of exertion of a certain
professional or business activities
2) Property safety measures.
a- Conservative seizure;
b- preventive seizure;
3) Setting of safety measures
a- Conditions on setting safety measures
b- Criteria on setting the safety measures.
c- Setting and implementation of safety measures.
4) Duration of safety measures
5) Compensation for an unfair imprisonment.
6) Revoking, replacing and ceasing of the safety measure
7) Arrest in flagrance and detention of the suspect.
a. Conditions on setting the safety measure
b. Criteria on setting of measures
c. Detention of a suspect of crime.
18 classes – Halim
Islami
XI – PRELIMINARY INVESTIGATIONS
1) Bodies charged with preliminary investigations and their
competencies
2) Information on a criminal offence.
3) Conditions of proceeding.
4) Activity with the judicial police initiative.
5) Activity of the prosecutor during preliminary investigations.
6) Assuring the evidence.
7) Deadlines of ending investigations.
a- Deadline of preliminary investigations
b- Prolongation of the deadline
c- Suspension of investigations.
8) End of investigations.
a. Ceasing of the case
b. Filing of the case to the court
c. Filing of the case.
21classes –Halim Islami; Arben Rakipi
XII- TRIAL
1) Preliminary actions.
2) Judicial investigation.
a. Preliminary actions after opening of a court proceeding.
b. Collection of evidence.
c. New accuses.
d. Final discussion.
3) Special trials.
a. Direct trial.
b. Expedited trial.
18 classes – Sander Simoni; Ilir Panda
XIII – COMPLAINTS
1) Means of complaint, commonalities and differences.
2) Complain object and subject.
3) Filing a complaint.
4) Trial in the appeal level.
5) Trial at the cassation level.
6) Review of decisions.
15 classes Halim Islami
XIV – EXECUTION OF DECISIONS
1) Manner of execution. Role of the prosecutor in execution of
decisions.
2) Execution of kinds of decisions.
3) Examination by the Court of cases related to execution of
decisions.
12 classes; Halim
Islami
XV – JUDICIAL STATUS
1) Role of the judicial status and its functioning.
3 classes Sander
Simoni
XVI – PROCEDURAL EXPENSES
1) Kinds of procedural expenses.
3 classes Sander
Simoni
XVII – JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES
1) International cooperation in the criminal field.
2) Development of Albanian legislation in this field.
3) Forms of cooperation with foreign authorities in criminal issues.
a. Extradition
- Extradition abroad.
- Extradition to the country.
b. International Letters Rogatory.
- Letters Rogatory to foreign countries
- Letters Rogatory from foreign countries.
c. Recognition and execution of criminal decisions.
- Execution of foreign criminal decisions in Albania.
- Execution of Albanian criminal execution abroad.
15 classes Artan
Hoxha
Prepared by:
Halim ISLAMI
PROGRAM OF SUBJECT “CUSTOMS AND TAXATION LAW”
(For the School of Magistrates)
(Academic Year 2008-2009)
(For the first year)
1. Annual teaching load; 4 hours
2. Weekly teaching load 2 hours with 45 minutes;
3. Exam in June 2009.
Responsible professors:
1.
Vilma SHAROFI – Taxations and taxes in the Republic of Albania
2.
Shamet SHABANI – Customs Law
I.
OBJECTIVES
Customs and Taxation Law aims at achieving some modes objectives like:
1. Preparation with basic knowledge in fiscal legislation avoiding repetition of knowledge
received in the faculty of law and economics.
2. Preparation of magistrates able to try with professionalism cases that have to do with
fiscal disputes and argument logically based on evidence and in the fiscal legislation.
3. Intertwining of procedurial elements with the material ones in the proceedings of the
administrative complaint and judicial process in fiscal cases.
II.
WAYS OF ACHIEVING THE OBJECTIVES
Realization of above objectives will be possible from:
1. Treatment of theoretical elements less known for the magistrates
- In this case we will aim at avoiding the knowledge gained in the Faculty of Law and we
will broaden the knowledge of topics with interest.
2. Development of topics that have to do with institutes which are in a changing process
and approximation with the EU legislation like:
-juridical discussions regarding special institutes like Representation on declaring goods
in customs; administrative complaint; resolution of disputes in administrative way;
customs obligation and procedures of recovering it etc.
- presentation of issues and legal vacuums which have not found solution with regard to
control of good or prohibited good, preferential origin, means of protection against an
administrative decision, taxation control, confiscation as restrictive measures etc.
3. theoretical taxations will intertwine with the analysis of court practises both from teh
lectures and from the candidates:
the practices will be taken from the judiciary from the years 1992-2006 focusing the
attention on the unified practises of the High Court and the Constitutional Court.
4. In the framework of preparation of independent work, other work will be included into
the fiscal field like:
 Measure of securing the lawsuit in cases of administrative disputes in the fiscal
field;
 Administrative and judicial jurisdiction in considering a customs and taxation
dispute.
 Legal conditions for the exercise of judicial and administrative complaint.
 Legal means of defence against execution of taxation and custom obligations.
IV. STRUCTURE OF SUBJECT
A. Taxation and taxes in the Republic of Albania – Pacts of legal and sublegal acts in
the field of taxation.
B. Customs law. Customs Code and sublegal acts deriving from it.
TAXATION LAW
Responsible professor:
1. Vilma Sharofi
Taxation and taxes in the Republic of Albania
II. ORGANIZATIVE STRUCTURE OF TAXATION LAW
Presentation of tax system in the Republic of Albania, including the basic principles of its
organization and functioning, change of taxes, fulfillment of obligations etc.
III. STRUCTURE OF SUBJECT
Topic 1. Taxation Procedures in RA
•
What are the taxes
•
•
•
•
Taxation system
Tax administration
Procedures of administration of taxes
Control of administration of taxes 2 hours
Topic 2. Introduction in taxation
(administration of taxes)
•
Procedures of tax assessment
•
Forceful collection of obligations
•
Violations and administration sanctions
•
Procedures of complaint
•
Workshop on treated issues and a specific case on the competence regarding the
complaint against a tax assessment
2 hours
Topic 3. Indirect taxations/VAT
•
Taxable persons
•
Provisions of goods and services, manner of taxtion
•
Taxable value and taxation scale
•
Administration and procedures
•
Penalties
•
Assessments
•
Reconsiderations
•
Complaint
•
Time limits
•
Validity of taxation assessment
Practical case: VAT and buildings 2 hours
Topic 4. Indirect taxations
•
Field of application
•
Relations with the customs
•
Penalties
•
complaint
•
Workshop on above issues 2 hours
Topic 5. Direct taxations
a. Taxes on personal income
•
Field of application of TPI
•
Residence
.
Source of taxable income
•
Violations
•
Penalties
b. Taxation on profits/simple taxation on profit
•
Field of application
•
Obligation to be paid
•
Violations
•
Penalties
c. Taxation on source of income
•
Workshop on the above issues 2 hours
Topic 6. Taxation on small businesses
•
Subjects
•
Determination of obligation
Taxation police
•
Knowledge on organization and competencies of taxation police
.
Workshop on above issues 2 hours
Topic 7. National taxes
•
Income from gambling
.
Taxation and local taxes
•
Field of application
•
Administrative organs
Topic 8. Discussion of 3 practical cases with subject:
.
Investigation of taxpayers from tax organs and sending the file for criminal
prosecution, preparation and sending of the file
. Determination from the tax organs of the criminal violation and the administrative
one.
. Consideration of the right to pardon from the tax organs the penalties when the tax
assessment remains standing 2 hours
II. CUSTOMS LAW
Responsible professors - Shamet Shabani .
I. OBJECTIVES
Customs law aims at fulfilling modest objectives like:




Preparation with basic knowledge from the legislation in the customs field
avoiding repetition of knowledge taken in the faculty of law;
Preparation of magistrates able to judge and solve professionally issues that have
to do with customs disputes and to argument logically and judicially based on
evidence and in the customs legislation;
Qualification and urging of scientific work in little-known field of fiscal
legislation, in particular basic principles of functioning of customs system of RA;
customs evaluation, origin, customs debt, customs violations and its discharge as
a condition to proceed administratively and judicially.
Intertwining of procedural elements with the material ones in the proceedings for
the administrative complaint in customs court cases.
I. STRUCTURE
Customs Law
(Customs law and sublegal acts issued for its application).
Topic I. General knowledge on Customs Law
Lesson 1.
Customs law as part of the general law, meaning of notion; sources of customs law;
relations between customs law, administrative law and labor law;
Lecture/discussion 2 hours
Topic II. Customs Procedures and Regimes.
Lesson 1 hour 2.
Applicable provisions for goods entering and exiting from and to the customs territory;
customs violations during procedures and customs regimes. representation;
Lecture,/Discussion; 1+1 hours ( 2 hours)
Lecture 2.
Declaration of goods, types of declaration, act of declaration and other acts as evidence,
their evaluation, moment of arising of the obligation, customs violations regarding fake
declaration;
Practical lecture (case) 2 hours
Topic III. Legal basis on which are applied import obligations;
Lecture 1.
Legal provisions on customs tariffs and tariff classification; Free Trade Agreement and
Origin of Goods; legal conditions in applying the 6 methods in determining the customs
goods; customs violations in the field of applying the customs value and free trade
agreement;
Lecture/discussion; 1+1 hour ( 2 hours)
Lecture 2
Application of methods of customs assessment, acts having the quality of evidence in the
process of customs assessment.
Practical lecture (case) 2hours
Topic IV. Customs Debt.
Lecture 1.
Clarification of norms of customs law regarding the basis of arising and extinguishing the
customs debt; meaning of executive title; the customs administrative decision and its
execution through obligatory measures like sequestration and confiscation;
Lecture, discussion; 1+1 hours ( 2 hours)
Topic V.
Lecture 1.
Meaning of legal provisions that have to do with customs violations, contravention and
contraband, civil lawsuit in a criminal trial (for cases of smuggling). Clarification of
provisions of customs code on smuggling. Administrative complaint, forms of
administrative complaint against acts of customs administration and legal conditions.
Lecture, discussion; 1+1 hours (2 hours)
Lecture 2.
Administrative proceedings in customs violations, contravention and smuggling.
Practical lesson (case) 2 hours
Literature
1. Customs law (Paperwork in customs field);
2. Agreement “On application of article VII of GATT (OBT), April 1997
3. Agreement of Rule of Origin, Final document of the commercial negotiations of
Uruguay 1986-1994.
4. International acts in customs field (publication of 2005);
5. Results of Round talks of Uruguay for multilateral trade negotiations. (legal
texts).
6. Criminal Code;
7. Kyoto Convention;
8. Denomination of goods and explanatory notes
9. Law “On Financial Criminal Law“ version; BGBI. NR. 1045/1994 ;
10. Community Customs Code
11. Taxation legislation in the Republic of Albania (summary of legal and sublegal
acts in the field of taxation).
THE EUROPEAN LAW AND THE INSTITUTIONS
( For the School of Magistrates)
(The Academic year 2008-2009)
1. The annual teaching volume:64 hours 45’ each
2. The weekly teaching volume: 2 hours 45’each
3. The academic year divided into two terms:
The first term: 16 weeks, from 01 October - 31 February
The second term: 16 weeks, from 04 February – 31 May
4. Other obligations
From 25 May – 25 June, the students should accomplish all the annual
obligations such as: tests, exams, independent works theses etc.
5. The lesson exam – June
Pedagoues responsible
1.Xhezair Zaganjori
2. Dajena Kumbaro
3. Alion Cenolli
A. INTRODUCTION
1.1
1.2
1.3
The States’ Europe
Why is the European Integration needed?
The theories and doctrines of the European Integration.
B. The Initial forms of European Integration.
2.1 Military Alliances (NATO, BEP, KEM) and the Warsaw Treaty.
2.2. Economic and Technologic Cooperation.
2.3 Political Cooperation in the Defense of Human Rights.
CHAPTER II
INSTITUTIONAL LAW
A. Institutional and general aspects
1. General Aspects of European Community (CE) and European
Union (EU)
-The historic development :From the three treaties to the European Community, the
nature and effects of the Communitarian Law, the aim and the revocation of Roma
Treaty, Juridical personalities of Community, Residences of Institutions and the
linguistic system, the Structure of Maastricht Treaty, the lack of Juridical
Personalities of EC.
2. The Inter-Governmental Conference(IGC), Amsterdam Treaty
-
The Second pillar (The Insurance, External Common Policy (IECP)– according to
Amsterdam and Maastricht Treaties
The Third pillar (Cooperation in Juridical Fields Internal Affairs, according to
Maastricht and Amsterdam Treaties.
B. Institutional Structure
1. EC Institutions
- European Parliament
- Council of Ministers
- Council of Europe
- Commission
- European Court of Justice
- The First Instance Court
CHAPTER II
NORMATIVE SYSTEM
A. The drafting process of Communitarian law, its nature and effect
1. Legal instruments and the procedures of decision – making
- Regulations, directives, decisions, implementation and coming into force , acts, “Sui
generic”etc
-
Consultation, cooperation, decision-making, and the conciliation.
2. The relations between the internal law of country members and
Community Law.
.
Legal order of community, direct effect and the priority of:
a) provisions and treaty
b) regulations
c) directives
B. Juridical defense
1. The lawsuit against the treaty violation.
- The procedure and its function- The way of the state member protection.
2. The annulment lawsuit
- The aim and its function – the review and re-examination of acts – Locus
Standi- the deadlines
2.1. The lawsuit for annulment and the private plaintiff
- Re-examined acts- the direct and individual connections,- special cases: anti
dumping. Competition. State assistance
3. The lawsuit failure to act
- Re-examined acts- the unacceptability – Locus Standi - the deadlines
4. The lawsuit and the illegitimacy
- The aim- acts which can be sued- the forum (the court) and the deadline –
the parts allowed to bring the lawsuit of illegitimacy
5. Temporary measures
6. Action for damage investigation
7.The procedure for preliminary decisions
CHAPTER III
MATERIAL LAW
A. General aspects.
2. Introduction
3. Common Trade
-
Economic integration types.- the realize of Common Trade
4. General principles
-
non- discrimination - proportionality- subsidiary
B. Free movement of goods
1. Quantitative limitations and the same effect measure with quantitative
limitations
a. rules (article 28)
b. Exceptions (article 30, obligated requests)
2. Limitations of tariff character – customary obligations and the
measures of the same effect.
C. Free movement of employees.
- Entries, free movement of the employees, sojourn, public policy, reciprocal
recognition of diplomas
2. Freedom of residence
E. Free movement of services, assessments and payments.
1. Free movement of services.
2. Free movement of assessments and payments
F. Competition
1. General aspects
Article 81, 82, implementation and procedures, regulation 17 (the
application of article 81, 820 regulation 1/2003
2. Concentrations
- article 85, the abuse of dominant position
- article 86, inspections of the joined enterprises.
3. Public enterprises and the state assistance.
4.1
4.2
Public enterprises
State assistance
CHAPTER IV
EXTERNIAL RELATIONS OF EC
A.
B.
C.
D.
The CE agreements an association
The agreement of association and stabilization
Free exchange area s and custom unions
Relations with CE and CECHR
FAMILY LAW
( For the School of Magistrates)
(The Academic year 2008-2009)
1. Annual teaching volume of a semester:96 hours, with the students of
the first year
2. Weekly teaching volume: 3 hours 45’each in 1 day
3. The academic year 2007-2008 divided into two terms:
 The first term:
16 weeks, from 01 October - 01
February
 The second term 16 weeks, from 4 of February –
31 May
1. Other annual obligations:
From 25tht of May – 25 of June, the students should accomplish all the
annual obligations such as: tests, exams, independent works, theses etc.
2. The lesson exam – February 2008
3. Pedagogues responsible:




Vjollca MECAJ, a part time working pedagogue, who is
responsible for the subject in our school. She treats the issues
regarding the cohabitation, marriage invalidity, the conjugal
rights and obligations, the end of marriage and its effects.
Tefta ZAKA, a part time working pedagogue. She treats the
issues regarding the marriage property regimes.
Holta KOTHERJA, a part time working pedagogue. She treats
the issues regarding legal defense of the minors, the role of
psychologist during the judicial trial, dealing the marriage
solution, as well as the parental responsibility, adoption and
custody.
Violanda THEODHORI, a part time working pedagogue. She
treats the issues dealing with marriage, paternity and maternity
of the child.
OBJECTIVES
Treatment of the subjects of Family Law in the School of Magistrates,
aiming at
the fulfillment of the goals and main objectives:
 Preparing magistrates capable to give fair judicial decisions
in the field of Family Law.
 Professional preparation to give fair argumentation in their
decisions from the juridical and logical point of view, and
giving support to the as well as the support of the facts
regularly administrated during the judicial trial.
 Education to a fair legal and social understanding of
marriage and family relations, not being influenced by the
backward customs and traditions.
 Education of honesty during the exercise of their duty to
keep and respect the independence of the judicial power.
 Professional preparation of the future magistrates, to a fair
combination of the Albanian legislation with the
international one and the procedural elements with the
material ones as well, during the judicial trial of the civil
conflicts in family law.
II. WAYS OF ACHIEVING OBJECTIVES
1. Treatment of the new theoretical elements by the lector
aiming at avoiding giving lessons similar with lectures got
from the Faculty of Justice
2. Treating theses which will be carried out in connection with
current problems on the process of the court access
reviewing as well as the way the society is impacted by them.
3. Interpretation of legal norm which will be currently
approved.
4. Dialogues on topics treated in different articles or doctrinal
text books.
Ways of teaching used are: lectures, seminars, discussions on judicial
decisions, drawing up of educational and judicial decisions etc.
Lectures should be enriched of selected by judicial practices issues
followed by doctrinal concepts of the jurisprudence of other foreign
countries having similar legislation.
For the important topics the students will do independent work in the
form of theses.
STRUCTURE OF SBJECT
FIRST CHAPTER “GENERAL PRINCIPLES”
5. General principles of family law.
Holta KOTHERJA – lecturer
Time available, 6 hours
6. Legal defense of children.
Holta KOTHERJA – LECTURER
Time available 3 hours
SECOND CHAPTER “THE SPOUSES”
3.Marriage and the fundamental conditions of entering into it.
Violanda THEODHORI – lecturer
Time available 3 hours
4. The form of entering into marriage.
Violanda THEODHORI – lecturer
Time available 3 hours
5. Challenge to entering into marriage
Violanda THEODHORI - lecturer
Time available 3 hours
6. Marriage invalidity, causes and affects
Vjollca MECAJ - lecturer
Time available, 3 hours
7. Reciprocal rights and obligations of the spouse.
Vjollca MECAJ – lecturer
Time available, 6 hours
8. Cohabitation, the rights and obligations between the partners.
Vjollca MECAJ
Time available, 3 hours
9. Family violation and legal instruments for its prevention.
VjolLca MECAJ – lecturer
Time available, 3 hour
10. The role of the psychologist in the judicial trial during marriage
solution.
Holta KOTHERJA- lecturer
Time available, 3 hours
11. Cases of termination of marriage and its solution.
Vjollca MECAJ - lecturer
Time available, 6 hours
12. The consequence s after the solution of the marriage
Vjollca MECAJ - lecturer
Time available, 6 hours.
THIRD CHAPTER “CHILDREN”
13. Maternity and paternity.
Violanda THEODHORI
Time available, 9 hours
14. The alimony
Holta KOTHERJA - lecturer
Time available, 3 hours
15.Parential responsibilities
Holta KOTHERJA - lecturer
Time available, 6 hours
16. Adoption
Holta KOTHERJA – lecturer
Time available, 6 hours
17. Custody of infants and persons incapable to act
Holta KOTHERJA – lecturer
Time available, 6 hours
18. General provisions on marital property regime.
Tefta ZAKA –lecturer
Time available, 3 hours
19. Marital property regime in community
Tefta ZAKA -lecturer
Time available, 6 hours
20.Community by contract
Tefta ZAKA – lecturer
Time available, 3 hours
.
21. The regime of divided property.
Tefta ZAKA –lecturer
Time available, 6 hours
LITERATURE
1. University text book of the Italian author MICHELE
FORTINO, published in 2003, “DIRITTO DI FAMILIA”.
2. University text book of the Italian author MARCELLA
FORTINO, published in 2004, “DIRITO DI FAMILIA”.
3. Commentaries and text books of Family Law, written by
Albanian authors, (not yet published).
4. The magazine “Legal Life”, “The law as a development
opportunity for women”.
SYLLABUS OF “HUMAN RIGHTS LAW
(For the school of magistrates)
(Academic year 2008 - 2009)
(For the first year)
1. Annual teaching load: 32 classes..
2. Week reaching load:2 classes, 45’ each , during 5 working days..
3. 12 classes and 2 classes of seminars, realized in16 weeks, on 6th
of October 2007-1st of February 2009
1. Week teaching load:
It depends on the character of the topic, the fact that if the teaching
should be based on the lectures, by the lector or the work and
presentation of the case by the students..
2. The academic year
Teaching load of the subject: “Human Rights”, will be extended only
during the first semester of the first academic school year. (6 October – 1
February).
3. Other obligations
The period after 31st of January will be for the settlement of the academic
obligations by the students..
Professors who are responsible:
Xhezair ZAGANJORI
Dajena KUMARO (POLLO)
II.
OBJECTIVES
Te Syllabus “Human Rights” makes up a important moment for the
preparation of the students of the School of magistrates.
From this point of view, the meaning, the knowledge, the study
and their implementation, in conformity with the respect and
implementation of the international structures, gets a special
importance.
The holding of the studying classes, regarding such subject, will aim
at such primary objective, with a deep knowledge of a positive specific
character of the internal and international normative of Human rights and
their interpretation. This time from the magistrates’ position, in order to
achieve their professional implementation and an effective protection of
such rights, on the judicial internal approach..
There are two factors which make the importance of such
preparation more imperative as: the character of the normative for the
protection of the human rights in which it finds one of it’s the Albanian
state of human rights: and secondly, the fact that in this field, our
School of Magistrates should have “a supervisor” very specialized and
skilled – European Court of Human.
II. WAYS OF ACHIEVING OBJECTIVES
1. Holding theoretic lectures by the lector, with a positive emphatic
character and limited and doctrinal as well.
2. Perhaps the most important way will stand at the intention for holding
seminars based on the presentation and interpretation of judgments
done by the students themselves.
3. Attempt to organize simulation games.
4. Visits of Domestic Courts or the European Court of Human Rights.
III. STRUCTURE OF THE SUBJECT
1. The relation between the international normative, domestic norm.
Constitutional solution . The role of Magistrate in the implementation of
the international norm.
(2 hours Xhezair ZAGANJORI)
2. The character of the international norm on the Human Rights.
(2
hours
Xhezair
ZAGANJORI )
3. The European system of the protection of Human Rights and the
fundamental rights and freedoms and the Albanian legislation on human
rights. Solution and problems. The mechanisms of the European
Convention of Human Rights.
(2
hours
Xhezair
ZAGANJORI )
4. The ways of interpretations of the European convention on Human
Rights on the part of the European Court of human Rights.
(2 ore Xhezair ZAGANJORI )
5. The right to live – article 2 of the Convention and its protocol nr. 6.
(2
(2
ZAGANJORI )
hours
Xhezair
6. Torture and inhuman treatment – article 3 of the European
Convention for the prevention of torture.
(2
hours
Xhezair
ZAGANJORI )
7. Slavery and captivity – article 5 of the Convention.
(2
hours
ZAGANJORI )
Xhezair
8. The right of freedom and security- article 5 of the Convention.
(2 (2hours Xhezair ZAGANJORI
)
9. Fair trial – article 6 and 13 of the Convention.
(2 hours Xhezair ZAGANJORI
)
10. Private and family life. The right to create a family- article 8 and 12 of
the Convention.
(2 hours Dajena POLLO)
11. Freedom of thought, doctrine and religion-article 9
(2 hours Xhezair ZAGANJORI )
12. Freedom of speech and organization-article 10 and 11 of the
Convention.
(2 hours ZAGANJORI )
13. The right of property , education and free periodic elections- protocol
1 of the Convention.
(2 hours Xhezair ZAGANJORI )
14. Limitation and reservations toward the Convention.
(2
ZAGANJORI )
hoursXhezair
15. Other systems of international protection of Human Rights.
(2
ZAGANJORI )
hours
Xhezair

For this class, in a special way, attempts should be done in order to
wholly do the lesson process in a form of seminars by means of the
works done by the students themselves being helped during the
interpretation and coming to the conclusion by the professor of the
subject. For these works the articles of the European Convention of
Human rights and the decisions of the Commission of the European
court of Human Rights should be in the focus.
-The guiding stones – Publication of Albanian Center for Human Rights.
-Human Rights in Europe (Jurisprudence and Comments)- Publication of
European Center.
- Monthly manual of Human rights – Publication of European Center.
- Short manual of the European Convention of Human RightsPublication of the Council Of Europe..
- Key extracts from the Jurisprudence of the European Convention of
Human Rights- Publication of Council of Europe.
PROGRAM OF SUBJECT
“INTELLECTUAL PROPERTY“
(For the School of Magistrates)
(Academic Year 2008-2009)
(For the first year)
1. Semestral teaching load: 32 hours
2.Weekly teaching load: 2 hours with 45 minutes
Academic year divided into two semesters. Subjects is done in the
second semester: second semester is 16 weeks 2 February 31 May
2009
End of subject is at the end of May 2009
Responsible professors:
Prof. Asoc. Dr. Mariana SEMINI
Topic I. Important issues of copyright (2 hours)
Introduction to copyright. International legislation on copyright.
Historical development of the albanian legislation on copyright.
Original works, drama, literary, artistic and musical works; Literary
works; Drama Works; Musical Works, Artistic works; rights of the
entrepreneur; voice registrations Movies; radio and television
broadcasting; cable broadcasting; typographic activities; practical case;
historical development of the copyright in albania; legal basis; concept of
work and its types; meaning of originality.
Mariana Semini
Topic II. Economic and moral rights (2 hours)
General principles; right of identification as an author; right to contradict
the unfair use; false attribution; acceptance and waiver; meaning of
moral and economical rights, their distinction; restriction of economic
rights.
Mariana Semini
Tema III. Authorship and property in copyright and duration of its
protection. (2 hours)
Authorship; ownership; duration of protection of copyright. General
principles; original works; films; meaning of property; duration of
protection of copyright; protection of copyright; international legislation;
authorization or acceptance from the owner; public interest; fair
treatment; private study and research; critics and review; incidental
inclusion; practical case.
Mariana Semini
Topic IV. Violation of copyright (6 hours)
Primary violations; accidental relations; intention of a violator and
subconscious copying; indirect copying; essential copying; issuing copies
in public; lease and delivery of work in public; public display of work, its
interpretation; television broadcasting and cable broadcasting;
adoptability; meaning of violation of copyright; practical case.
Mariana Semini
Topic V. Interntional conventions (1 hours)
Convention of Bern; TRIPS; Treaty of copyright of WIPO of 1996; Treaty of
phonograms WIPO of 1996. Topics will be accompanied with practical
cases from albanian jurisprudence as well as exercises to increase
research capacities of data through internet.
Mariana Semini
Topic VI: Meaning of patents (4 hours)
Patentable objects and requests; Novation; Invention; industrial
application; unpatentable objects; violation and revocation; Revocation;
violation; patents according to albanian legislation. Requests for
patentability and patentable subjecgs; subjects of patents; inventions
from the employees; procedures of registration of patent;
consideration of request and issuance of patents; secret patents; rights
deriving patents; violation of patents; protection of topography of
integrated circuits; practical case.
Mariana Dedi
Topic VII: International conventions (1 hours)
Convention of Paris; TRIPS; European conventions “For patents”; Treaty
of phonograms and displays WIPO of 1996; practical cases of albanian
legislation; Visits at the office of registration of marks and patents.
Mariana Dedi
Topic VIII. Meaning of trade marks (4 hours)
Requests for validity of trademarks; unregistrable marks; absolute
reasons for refusal of registration; reasons related to refusal of
registration; cases from court practice as well as international practical
cases.
Mariana Dedi
Topic IX. Violation and infringement of trademark, revocation (6
hours)
Concept of infringement of trademark; exceptions from ingringement;
infringement of known intellectual principles; consequences of
infringement of trademark; practical case. Trademarks according to
albanian legislation; trademarks and their types; constituting elements of
the mark; registration of the mark; industrial designs; original
denominations; violation of trademarks; practical cases from albanian
judiciary. Registration of international trademarks.
Mariana Dedi
Topic X. International conventions (1 hours)
Madrid agreement; Paris conventions; Protocol of Madrid agreement
Mariana Semini
Topic XI: Meaning of unfair competition ( 2 hours)
Unfair competition; international legislation on unfair competition; need
for protection; categories of action of unfair competition; albanian
legislation on unfair competition; unfair competition according to Civil
Code; law “on competition” no. 8044, dt1995 and its relation to law “On
industrial property”; concept of competition and its types; limits of fair
competition. Unfair competition; practical forms of competition; types of
protection from the unfair competition; law on competition and license
contracts. Practical cases from the albanian judiciary.
Mariana Semini
Topic XII. International conventions (1hour)
Treaty of Geneva 1994.
Prepared by: Prof. Asoc. Dr. Mariana Semini-Tutulani
THE INTERNATIONAL PRIVATE LAW
( For the School of Magistrates)
(The Academic year 2008-2009)
1. Teaching volume of a semester:32 hours
2. Weekly teaching volume: 2 hours 45’eachin 5 working days
3. The first term:16 weeks, from 01 October - 01 February
4. From 1st of February2007- 5th of February 2007, the students should
accomplish all the annual obligations such as: tests, exams, independent
works, theses etc.
5. The lesson exam – February 2008
6. Pedagogues responsible
1. Dr. Arta MANDRO- Marriage, its juridical qualification and property, personal
relations between the spouses, the adoption.
2. 2. L.L.M.Ardian KALIA- Civil judicial jurisdiction. The implementation of the
foreign law. The presentation of decision of foreign Courts. The real rights and
obligations in international private law.
Parallel to the pedagogues who will do the full course of this subject, in specific
issues other specialists, both Albanians and foreigners, may be activated .It will give
an effect to the theoretic level improvement of the students of the School of
Magistrates, in the field of International Private Law.
II. OBJECTIVES
The subject “International Private Law”, is one of the most important disciplines of
the law, which is taught in the School of Magistrates, on the frame of the theoretic
teaching program, the aim of which is the fulfillment of the main objectives
consisting in:
1. Preparing capable Magistrates to bring out and give solution to the complicated
judicial conflicts, evidenced differently as issues of disagreements with strange
(unknown) elements.
2. Deepening of theoretic knowledge, during the study of the International private law
in the annual course, developed in the Faculty of Justice.
3. Stimulating independent scientific work in relation with other institutes of
International Private Law, alternately with what they have profited by the theory of
this discipline, with typical practical issues of Albanian courts.
II. WAYS OF ASHIEVING OBJECTIVES
The study of the International Private Law in the School of Magistrates, as well as the
fulfillment of the objectives above mentioned, should be realized by:
4. Treating the lectures by the lecturer, aiming at:
b) Deepening the knowledge got during the study of this discipline in the Faculty of
Justice. This should be realized by avoiding the treatment of the theories got
before and especially dwelling on many important situations dealing the IPL,
which will influence in the theoretic formation of the Magistrates.
c) Lectures with themes by the actuality like these should be treated:
- Regarding the issues during the judicial practices from the ratification of the
Convention or other acts.
-
Regarding the practical implementation of the family legislation, especially those
issues regarding the marriage with foreigners, the property personal relations
between the spouses, as well as the relations between parent and child.
Regarding the juridical gaps of the Albanian legislation, which are evident to this
discipline.
Juridical debates regarding different issues during the practice.
Giving 3 or 4 Albanian and foreign judicial issues during the course.
Interactive methods should be essential for every lesson hour, as the most
successive way for achieving the objectives
-
-
5. DEVELOPMENT OF INDIPENDENT SCIENTIFIC WORK
This is one of the main ways for the achievement of the aims and objectives of this
subject (IPL). It should be realized through making different scientific theses
regarding important institutes of the IPL such as:
-Judicial and property immunity of state
- Legal and testamentary inheritance
- Family law
- Obligation and real law etc
The preparation of theses are scientific research in itself, they are led by lecturers and
other specialists of IPL, trying to do more scientific research especially in these fields
which are connected with practices in Albanian Courts.
6. Professional meetings: with judges, other juridical professional organisms,
specialists of IPL, aiming at not only at deepening the theoretical knowledge
regarding this discipline, but also at practical preparation of the new coming
magistrates in this field.
SUBJECT STRUCTURE
1. JURISDICTION AIM
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Objectives this teaching subject aims at.
General knowledge
Jurisdiction dimension(size)
Jurisdictional immunity
Consular immunity
Jurisdiction to diplomatic and consular mission (Albanian legislation)
State immunity. Basic principles of foreign state immunity. Justification of the
limited immunity
Exercises and practices.
(4 hours Ardian Kalia)
II BASES OF JURISDICTION
2.1 Teaching subjects objectives
2.2 Bases of Jurisdiction
b) Consent of pairs
c) Living place. Presence of the defendant
d) Essential relation. Special jurisdiction
2.3 EU Regulation for the jurisdiction, implementation and presentation of civil and
criminal judicial cases. Council Regulation (CR), Nr. 44/2001of 22 December
2000
2.4 Living place. The presence
2.5 Individuals
Exercises and practices
(4 hours Ardian Kalia)
III. JURISDICTION ACCEPTANCE AND NON-ACCEPTANCE
6.1 Objectives
6.2 Jurisdiction acceptance or non-acceptance
6.3 Trial in the absence

EU regulation for the jurisdiction, implementation and presentation of
civil and commercial cases.
Council Regulation (EC). Nr 44/2001, 22 December 2000.
6.4 Improper Judicial authority
6.5 Parallel judicial trials (Albanian civil procedural legislation)
Exercises
(4 hours. Ardian Kalia)
IV. PRESENTATION OF JUDICIAL FOREIGN DECISIONS
4.1 Objectives
4.2 The execution of foreign judicial decisions
4.3. Conditions of presence and implementation
Civil procedure Code of Republic of Albania. The presentation of the decisions of foreign
states courts.

EU Regulation for the jurisdiction , implementation, and presentation of
civil and commercial cases
EU Regulation (EU) Nr 44/2—1, 22 December 2000
4.4 Last decision
4.5 Judicial cases failing to be implemented. The exception of the foreign public law.
4.6 Procedural and basic principles. Natural Justice
4.7 Public policy

Exercises and practice
(4 hours Ardian Kalia)
V. CASES WHEN THE FOREIGN LAW SHOULD BE EXECUTED.
Objectives
Cases the Court is available for the foreign law execution
The difference between procedural and material part.
The exception of foreign law

Exercises and practices
(2 hours Ardian Kalia)
VI. THE EXECUTION OF FOREIGN LAW
6.1 Objectives
6.2 Execution of foreign law
6.3 The identification of relation criteria.

Exercises and practices
(4 hours. Ardian Kalia)
VII. THE SELECTION OF APPLIED LAW REGARDING
PROPERTY AND OBLIGATION.
7.1 Objectives
7.2 The solution of legal conflict regarding the property law
7.3 The way of winning the property.
7.4 Real rights on chattels
7.5 General notions regarding conflict of laws, in the field of contractor and outcontractor obligations

The autonomic criteria of will of the contractual pairs

Contract of work

Contract of territorial transport in IPL

Contract of sale

Out -contractual obligations
Exercises
(4 hours Ardian Kalia)
VIII. SELECTION OF FOREIGN LAW IN INHERRITANCE AND
FAMILY LAW.
1.1 Objectives
1.2 Marriage and its juridical qualification, conditions of marriage, on the frame of
the Hague Convention on IHL.
1.3 Unavailability and marriage solution. The selection of the law regarding
marriage relations.
1.4 Relations between parent and child, based on the IPL
1.5 Legal and testimonial inheritance based on IPL
1.6 Testimonial inheritance, its form and content, the ability to make and revoke
the testimony.
1.7 The profit of inherited property.
1.8 Exercises and practices
(4 hours, Arta Mandro)
LITERATURE
1. Law 3920, date 21.11 1964 “On foreigners’ civil right in Albania”.
2. Civil Code of the Republic of Albania.01.11.1994
3. Civil Procedure Code of the Republic of Albania , 01.06.1996
4. Constitution of the Republic of Albania, 28.11.1998
5. SAVIGNY, “The System of Roman
6. DIENA, Real law, analyzed on the view of IPL
7. VENTURNI, “Real and IP Law
8. BALLADORE E PALLIERI, “Job International Law”, III Edition
9. QUADRI, “Basic issues of the Job International Law”
10. The decree nr. 7407, date 31.07.1990, “On the economic activity of Albanian
juridical entity with the participation of the foreign assets.
11. Decree nr. 7407 date 31.07. 1990, on, “The economic activity of the Albanian
legal entity with the participation of foreign capital”.
12. 12. Law 7512 on “The authorization and defense of the private property and free
initiatives”.
13. KUDRET CELA, ‘The right of work”.
14. Law 7594 on “The foreign investments in Albania”.
15. MARIANA SEMINI. “Contract of sale”.
16. MARIANA SEMINI, ‘Obligation Law, Vol. I, II.
17. BARTIN, “General principles of private law according the law of French
Jurisprudence”.
18. Castel and Walker, Canadian conflict of laws 5th ed (Toronto: Butterworths’,
2002)
19. Collins, Dicey and Morris on the Conflict of Laws 13th –ed (London Swett &
Maxwell, 2000.
20. Montanari and narcissi, Conflict of laws Italy: the text and an English translation
of Italian law No. 218 of may 31, 1995 (The Hague, Boston, Kluver International,
1997)
PROGRAM OF SUBJECT
“LABOR LAW AND SOCIAL INSURANCE LAW”
1.
2.
3.
4.
Annual teaching load: 64 teaching hours
Weekly teaching load: 2 teaching hours with 45 minuta
Academic year divided into two semesters:
 First semester 16 weeks 6 October – 1 February
 Second semester 16 weeks 2 February – 31 May
Examinatin in June.
I. ORGANIZATIVE STRUCTURE
Responsible professors
Mirela SELITA
II. AIMS AND OBJECTIVES
“Labor Law” is divided into two parts:
First part: Individual labor law
Second part: Collective labor law
III. STRUCTURE OF LAW
Individual Labor Law
Topic 1 – Labor law sources
- Constitution, International Conventions ratified from the Republic of Albania,
laws, sublegal acts, (decisions of the Council of Ministers – VKM) labor collective
agreement, individual labor contracts, internal regulations, professional and local
customs.
- Role of jurisprudence and doctrine.
- Labor law, public or private law? Imperative character of some legal basis (n.11
par.4 PC). Goal is: students become familiar with sources of labor law, hierarchy
among different norms and character of labor law. Students will be distributed the
textbook “Legal Texts”. This file contains:
- Laws: Labor Code (1995, 1996), on the labor inspectorate (1995), on stimulating
of employments (1995), Status of Civil Servant (1999), On the status of armed
forces of the Republic of Albania (1991), on the organization of judicial power in the
Republic of Albania (1998, 1999).
 VKM: On special labor contracts (learning the profession, commercial agent,
home labor) on protection of juveniles, protection of pregnant women and on
regulating the working hours and breaks according to professions and special
labor places.
Topic 2 Field of application of Labor Code and of laws like Status of Civil Servant
(1999), on status of the armed forces in the Republic of Albania (1991), on the
organization of judicial power in the Republic of Albania (1998,1999)
Students should understand when to use a law and when to use another. Stress
is placed on the application field of the Labor Code (N.3-n.7) and principle of
subsidiarity. This topic will be accompanied by examples, taken from the
practice so as the students understand better the distinction between different
laws.
Students will work on the second textbook “practical cases”.
Case I. It would be advisable to distribute the text to the students several weeks
before the start of the course. Thus, there could be discussions in class on
practical cases.
Topic 3 Labor Code
Definition of labor individual contract (chapterV, n.12 – n 21 KP and VKM on
special labor contracts)
Creation of individual labor relations, four constituting elements of labor
contract, distinctions with other service contracts, special contracts, form of
contract.
Validity, sanctions in public law, drafting the structure of a labor contract that
will be filled in during the week.
Students should have read case 2 in textbook 2 «practical cases” . In class other
examples will be analysed, from other professions like that of a lawyer, doctor,
architect etc.
Topic 4 Obligations and responsibility of employer (chapter VI, n. 22 – n. 31)








Obligation of conviction. Balancing of interests between the obligation of
conviction and respect for the personality of the employer. Distinction
between giving the instructions and change of contract. Students will discuss
and resolve three special practical cases.
Tranfer of work place.
Instructions on presentation, clothing and appearance of employer.
Obligation of care and required level.
Obligation of accountability.
Obligation of loyalty.
Ending the competition.
Responsibility of employer, elements of it, precise calculation of damage and
damages. Students will have prepared case 3 from textbook 2.
Obligations of employer (chapter VII, n.32-37)
Protection of personality, damages, certificate and its correction.
Topic 6 duration of work (n.76 – n. 91 dhe VKM-te)
Work schedule, overtime work, calculation of overtime workhours. Students
should have read cases 3 and 4 of the textbook “practical cases”.
Topic 7 annual holidays (nr.9)
Duration of annual holidays, precise calculation, prescription. Students
should have read case 5, textbook II “practical cases”.
Topic





8 Payment (chapter XI, n.109-n.134)
Definition, extras and damages, value
Minimum salary
Payment, compensation, fine
Refusal to employ (debtor delay)
Payment during the absence of employee (illnesses, accidents, children care.
Performance of legal obligation)
Students should prepare cases 6,7,8.
Topic 9 Termination, extras and reward, value
 Presentation of problems, chapter XIV, legal terminology.
Students will be distributed the III textbook “Termination of Labor Relations”
Topic 10 Duration of contract (n.140)
 Distinction between indetermined and determined duration. Different
examples. Case 15.
 Indetermined duration contract.
Topic 11 Duration of probation (n.142)
 Duration of probation, terms of notification, principle of good faith, procedure.
Case 10.
Topic 12 notification terms after the probation (n.143)
 Duration of terms, notification, validity of solution, obligation of parties,
removal from work, salary, sanction. Practical case 11.
Topic 13 Procedure of removal from work
Minimum terms, form, notification, principle of good faith, suspension,
validity, sanction, coordination n.144 and n.129. Example. Practical case 12.
Topic 14 Abusive dissolution of contract (n.146)
Analysis during abusive motives foreseen by law, burden of proof, calculation
of damages, practical case 13.
Topic 15 Dissolution of contract (n.147)
Proper conditions, invalidity of solution, suspension of term of notification.
Exercises on calculation of term of notification.
Topic 16 Immediate dissolution of contract (n.153-n.156)
 Unjustified dissolution and procedure
 Justifying motive (reasonable causes) n. 153



Justified dissolution, n.154. possible damages.
Unjustified dissolution, n.155.
Damages according to article 155, p 1 and 2. precise conditions for damages.
Sanction of article 155, p 3, calculation of second damage.
 Unjustified dissolution and in an unsuitable time. Case 14.
 Unjustified and abusive dissolution at the same time.
Students should prepare practical cases of chapter XI.
Topic 17 Dissolution of contract during the transfer of workplace
 Distinction between being put at disposition and transfer of workplace.
Invalidity of dissolution. Transfer of rights. Practical case 9.
Topic 18 particular case of transfer of workplace.
Review of problems of transfer of workplace in the viewpoint of contract
dissolution according to article 23 and 146 of C.C.
Topic 19 Summary
Solution of a complex exercise in order for the students to analyse all the
aspects of the final problem of the undetermined contract as well as the
coordination of articles of chapter XIV. Definite duration contract.
Tema 20 Termination (n.149)
 Without preliminary dissolution
 With preliminary dissolution (immediate solution)
 Maximum contract
Probation time, terms of notification, silent duration, coordination of article 149
and articles 153, 155. Calculation of two damages.
Topic 21 Sanctions (chapter n.201, 202, 203)
Analysis of different sanctions, prescription terms, case 29, examples.
Topic 22 Law on status of civil servant
Difference between law of public work and law of private work, coordination
between code of labor and law on status of civil servant. Classification of civil
servant. Acceptance, probation time. Transfer of duty, salary, duties and
responsibilities, disciplinary measures. Applicable articles of Labor Code.
Damages. Procedure before the commission of civil service and before the
court.
Topic 23 On the status of the armed forces of the Republic of Albania.
Difference between the Law of Public Work and Law of Private Work.
Coordination between the Labor Code and law on the status of armed forces of
the Republic of Albania. Status of armed forces, rights and obligations, salary.
Applicable articles of labor code. Procedure. Law on organization of judiciary.
Topic 24 On the organization of the judiciary in the Republic of Albania
Coordination between Code of Labor and law on the organization of judiciary
in the Republic of Albania. Status of judges, acceptance, rights and
obligations, salary and removal from office.
Second part: Labor Collective Law
During these hours the students will get to know the chapter XV of Labor Code and
namely the collective agreements, professional organizations and collective conflicts
of labor, as well as law on the right to strike.
III. SOCIAL INSURANCE
Responsible Professor:
Mirela Selita
Subject “SOCIAL INSURANCE LAW“ is one of the disciplines in the framework
of labor law subject
I. OBJECTIVES
1. Get to know the object and sources of the law of social and health insurance.
Evolution of this law, characteristics and general principles.
2. Have knowledge on health and social insurance as one of the components of
the social welfare state. Social protection and its components like health care,
social assistance and health and social insurance.
3. Should know what the health and social insurance, a general historical
overview in Albania. Legal harmonious in the field social insurance, ILO,
Council of Europe and European Community.
4. Should know the scheme of obligatory social insurance. Obligation for
insurance of each employed according to a work contract as well as edhe te
vetepunesuarit e punedhenesit nga momenti i regjistrimit.
5. Should know the scheme of supplementary insurance, according to
employment in the private or public sector. Obligatory supplementary
insurance in the public sector.
6. Should have knowledge about the voluntary insurance, a possibility for those
who are not included in the obligatory scheme of social insurance. Voluntary
insurance contract.
7. should have assimilated the institute of prescription of the right to
benefitting from the social insurance schmeme.
8. should have general knowledge and specific one on the right of
administrative complaint towards the social insurance decisions.
II. ACHIEVING THE OBJECTIVES
- Power Point lectures
- Lecture cycle “Health and Social Insurance Law”.
- Practical cases of the administrative complaint.
- Practical cases of the process of judicial complaint.
- Confrontation for every case with the law on social insurance. The goal is to
gain practical abilities for all possible situations that could happen tomorrow in
reality.
- Work in groups, determination of questions in groups, similarities and
distinctions for specific topics. Assigning a relator and an opponent for each
group, time of preparation, clarity in expressing the opinions, logical arguments
and use of legal basis for support, Argumenting abilities and debating abilities.
STRUCTURE OF SUBJECT
Topic 1
(4 hours)
Law of health and social insurance. General overview in albania, europe etc.
Topic 2
(2 hours)
Social insurance and their place in the social programs. General overview.
Topic 3
(4 hours)
International law of social insurance. Legal instruments through which this law
has been evolved.
Topic 4
(4 hours)
Social insurance law. Object and sources of law.
Topic 5
(4 hours)
Obligatory scheme of social insurance. Contributions and benefits.
Topic 6
(4 hours)
Voluntary schemes of social insurance.
Topic 7
(2 hours)
Obligatory scheme of health insurance. Contributions and benefits.
Topic 8
(6 hours)
Right of complaint against social insurance decisions.
LITERATURE
- Law on “Social Insurance in the Republic of Albania”
- Law on “Health Insurance in the Republic of Albania”
- Sublegal acts in the field of social and health insurance.
- Law on social insurance, Prof Igor Tomes, 1998
- Socil welfare state. Prof.Llambro Filo, 2003
- Process and institutions of social politics, Merita (Vaso) Xhumari, Tirane 2003
- Social programs management, Perlat Lame, Eglantina Gjermeni, Tirane 2003
- Geddes. Migration and the Welfare State in Europe
- Report on short term benefits ILO Budapest, 2005
- Report on bilateral agreements in social insurance ILO Budapest, 2005
- Comments on report on the application of european code of social insurance
ILO Gjeneve, 2001
- Organization and financing of primary health care in Albania, Problems,
Issues, and Alternative Approaches, Technical Report .
World Bank,
- systems of health care in transition 2002 Besim Nuri Universiteti i Monrealit
- Long term strategy of Development of Health Care in Albania, Council of
Ministers 2004
-Vonk. G.J. 2001 Social security and the law. Some European dilemmas
European Journal of Social Security 2001
PROGRAM OF SUBJECT
“LEGAL REASONING AND WRITING”
(For the School of Magistrates)
(Academic year 2008-2009)
(For the first year)
1. Semestral teaching load: 32 hours.
2. First semester: 16 weeks 6 October – 1 February
3. Weekly teaching load: 2 hours, 1 lecture hour and 1 seminar hour.
4. Examination of subject in february
5. Responsible professors:
1. Bashkim Dedja
2. Sokol Berberi
I.
OBJECTIVES OF THE COURSE
Treatment of this subject in the School of Magistrates will aim at achieving
some objectives where the most important are:
1. prepare able magistrates to understand and analyse legal acts and
documents.
2. enable magistrates to organize their thoughts and legal arguments in
setting up a legal act using a suitable language, rules and techniques of
writing which are accepted.
3. create clear ideas and similar forms in compiling main legal and
procedural acts.
4. develop abilities in intertwining material and procedural elements in
close cooperation with facts in case put forward for solution.
5. prepare magistrates to draft main civil and criminal procedural acts
respecting legal rules, evidence presented, interpretation of facts and
logical argumentation.
6. develop interpretative abilities of magistrates
7. develop critical thinking and research abilities in legislative issues.
II.
WAYS OF ACHIEVING THE OBJECTIVES
1. Theoretical treatment of written elements, manner of formulating the
legal acts, interpretation and analysis of facts. Drafting of main
procedural acts.
2. Discussion relating to procedural legal provisions related to drafting of
procedural acts, which are not complete, and are in contradiction with
each other.
3. Practical treatment of knowledge through working with the students.
Drafting procedural legal acts according to legal writing rules. Practical
cases.
4. During seminar hours practical cases will be discussed in groups and
students will give in writing their conclusions regarding the cases. Court
decisions will be drafted.
5. Discussion of court and prosecutor office practices in relation to treated
cases in decisions of the courts of three levels. This discussion will
analyse the albanian practice, its advantages and disadvantages.
6. Special importance in the organization and setting up of this course will
be given by the exercises in order to have a more active participation
from the magistrates. Theoretical materials will be structured so as to
give more time to exercises and discussion from the students.
III.
STRUCTURE OF SUBJECT
1. Introduction; Legal sources; upon the starting of the course the students
will become familiar with the contents; object, methodology, materials to
be used and practical exercises for each topic during the seminars.
Sources of law will be treated at the beginning of the course, taking into
account that this subject analyses and treats the manner of
interpretation, reasoning and legal writing of acts included into these
sources of law. Presentation of sources of law will be based on our
constitutional system.
(2 hours B.Dedja & Sokol Berberi)
2. Principles of interpretation of the law; types of principles in the
interpretation of law; standards in selecting the principles that will be
applied in a concrete case; the reference in the relevant doctrine and
jurisprudence; analysis of the principles based on these decisions.
(2 hours S. Berberi)
3. Principles of writing and reasoning; convincing theories; clarity and
shortness; clear alignment of parts; proportionality; avoiding ambiguity,
clarity of language and style.
(2 hours B.Dedja)
4. Legal issues, meaning and identification; elements of the case; approach
of the law; analysis of arguments.
(2 hours B.Dedja, & S.Berberi)
5. Process of legal writing; planning; defining the audience; defining the
structure and format; writing, rewriting and correction.
(2 hours B.Dedja)
6. Identification of legislation; research for legal acts; determination of
sources and methodology of research, research capabilities and
orientation for a shorter time; summary evidencing of the research
results.
(2 hours S.Berberi)
7. Structure and organization; setting up of a legal text. Importance of a
structure for the clarity and quality of the act; Principles that should be
respected for the structure; principles of alignment; elements of the legal
text in relation to the type of the act.
(2 hours B. Dedja)
8. Writing of an essay; presentation of the cases; structure; setting up of
sentences and paragraphs; reasoning and logical connection between
parts of the text, order of presentation of arguments and conclusions.
(2 hours B.Dedja)
9. Drafting of different legal arguments; memorandum; procedural acts.
(2 hours B.Dedja)
10. “IRAC” method; one of the used methods in analysing the legal cases
and legal opinions; elements of this method; its application in concrete
cases.
(2 hours B.Dedja)
11. Interpretation of the fact; meaning of the facts; identification and
analysis; relation to the case; interpretation of the contrary facts; order of
presentation; evaluation.
(2 hours B.Dedja)
12. Interpretation of contracts; structure; order of alignment of the parts in
a contract; interpration of terms and paragraphs; their relation to the law.
(2 hours B.Dedja)
13. Clarity of legal writing; rules and recommendations for the clarity of
legal language; grammar and style; terminology.
(2 hours B.Dedja)
14. Drafting of criminal procedural acts; application of recommendations on
the organization and writing of criminal procedural acts as final court
decisions, intermediate court decisions; Albanian court practice in the three
levels of the judiciary; decisions of the prosecutor during the preliminary
investigations as well as its conclusions in consideration of the case before
the courts.
(2 hours B.Dedja)
IV. EVALUATION
1. At the end of the course a test will be held. The test will be set up in such
a way as to evaluate objectively the development of the capabilities and
knowledge of participants in this course.
2. Magistrates will be evaluated during the course to be followed and
objectively evaluated for the increase of their level in reasoning and
writing legal acts..
3. During the seminars, paper work will be given like the preparation of
essays, memorandums, analysis of legal cases etc.
V. EXPECTED RESULTS
At the end of the course the following results will be achieved:
1.
2.
3.
4.
5.
Magstrates will know and apply the principles and rules of the
legal reasoning and writing.
Magistrates will know and apply the rules and techniques of
interpretation of legal cases.
Magjstrates will know and apply the known practices in this field.
Unified rules will be applied in the practice of drafting the
decisions.
Magistrates will have less reversed decision due to lack of
procedural requests in the writing of decisions as a result of an
increase in the quality of giving justice.
VI. COURSE MATERIALS
For the preparation of lectures the following materials have been used:
Lectures prepared for the course on Legal Writing and Reasoning in the
School of Magistrates;
Materials prepared from ABA/CEELI; “The Fundamentals of Legal Drafting”
Reed Dickerson. “Legislative Drafting” prepared in Central European
University, Budapest;
Checklist on Law Drafting and Regulatory Management in Central and
Eastern Europe prepared from Sigma- OECD;
Rules issued from Albanian authorities for the process of drafting and
approving the legislation; different laws;
Codes of Procedure, Decisions of the High Court, Constitutional Court
Decisions.
PROGRAM OF SUBJECT
“MEDIATION AND ARBITRATION”
(School of Magistrates)
(Academic Year 2008-2009)
(first year)
1. Annual teaching load: 32 teaching hours
2. Weekly teaching load: 2 week hours 45 minutes each
3. Academic year divided into two semesters:
a. Second semester: 16 weeks 2 February – 31 May
4. Examination in June
5. Other obligations
a. Preparation of an esse
Responsible professors:
1. Prof.As.Dr. Arta Mandro
3. Dashamir Kore
4. As well as part time collaborators for special topics.
 Ismet Elezi
 Adem Tamo
 Skender Kaçupi
Introduction
Subject of “Mediation and Arbitration” is one of the important disciplines of
the theoretical and practical teaching program of the School of Magistrates,
which intends to educate judges and prosecutors with knowledge for the
alternatives of resolution of disputes amicably and the possiblities of their
recommendations for cases presented in court and prosecutors offices.
III.
OBJECTIVES
Treatment of subject “Mediation and Arbitration” in the School of Magistrates will aim at
fulfilling the aims and main objectives amongst which we can list as follows:
7. Preparation of magistrates able to understand the real place of mediation and
arbitration and their connection with the profession of a judge or prosecutor;
8. Education of magistrates with the spirit of justice and the important that
access to justice is an opportunity realized through legal out of judiciary
alternatives, when the parties have chosen them voluntarily;
9. Deep knowledge of legislation on mediation and other provisions related to
arbitration;
10. Knowing the advantages of these alternatives and differences between the
judicial process and the process of mediation and arbitration;
11. Knowing the fields where the out of court alternatives can be applied
12. Other
III. WAYS OF ACHIEVING THE OBJECTIVES
These objecgives will be realized through the following methodology:
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Interactive lecturing method
Power point presentations
Flip chart
Study of hypothetical cases or real practical cases
Work with law resources
Preparation of essays and juridical analysis
Comparison of legislations
Etc.
This will consist in:
1. Treatment of theoretical general elements related to understanding the conflict,
disputes and their management aiming at an interactive debate on the precise
understanding of these issues:
 Relation between the system of justice and amicably resolving
disputes. When are the cases when we have to go to court and
when there is place for alternatives;
 Actuality and world experience on ADR;
 Advantages of ADR;
 Interpretation and application of provisions of Civil Code,
Criminal Code, Criminal Procedure Code and other laws in
relation to other laws in relation to law of mediation and legal
regulations of arbitration;
 Etc;
2. Hours of practical exercises:
a. Analysis of a practical case and differences in its solution depending on the
alternative used
b. Preparation of an esse
IV. STRUCTURE OF SUBJECT
TOPICS
I. Knowing alternative dispute resolution.
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General overview on the alternative resolution of disputes.
Advantages and disadvantages.
Techniques of dispute resolution.
Models of intervention in dispute resolution.
Resolution of disputes in the context of middle east
4 hours Arta Mandro
II. Negotiation theory
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Leader as negotiator: Negotiating for common benefit.
Limits of involving negotiation.
Efficiency in negotiation.
Process of negotiation.
Art and science of negotiation
Selection of negotiation strategy
4 hours Arta Mandro
III. Introduction in mediation
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Process of mediation
Alternativa e ndermjetesimit.
Models of mediation.
Orientations about mediation, strategies and techniques.
Aim of mediation.
Objectives of mediation: strength, understanding and challenges.
4 hours Arta Mandro
IV. Process of mediation
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Preparation before mediation.
General overview about entering into a contract.
Aims of entering into contract.
Holding the process of mediation.
Description of procedures of mediation.
Distinction and involvement of cases.
Discovery of hidden interest of parties.
2 hours Skender Kaçupi
V. Albanian law of mediation


Development of mediation in Albania
Role of mediation as a process for treatment and resolution of disputes in Albania.
2 hours Skender Kaçupi
VI. Special procedures of creating the alternatives.
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Development of standard objectives for an acceptable agreement.
Procedural solution for reaching material agreeement.
Use of expertise or foreign sources
Mediation agreement.
Assistance for parties in the preparation of a mediation agreement.
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Critical issues of Mediation: dynamics of conflict resolution
Authority of mediator: authority and influence of mediator.
Communication between and within parties
Influence of culture.
Standards, conflicts, and ethics
4 hours Adem Tamo
VII. Features of mediation in different fields: criminal
4 hours Ismet Elezi
ARBITRATION
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Introduction in arbitration.
Common features of processes of dispute resolution.
Relations between arbitration and mediation.
Comparative overview of trial.
Judicial review of arbitration.
2 hours Dashamir Kore
Fundamental issues of arbitration

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Main features of arbitration.
Selection of judges.
Process of dispute resolution.
Application of arbitration decisions.
2 hours Dashamir Kore
Arbitration according to albanian legislation.
Practices of arbitration in Albania.
Mediation and arbitration in labor relations.
4 hours Dashamir Kore
International commercial arbitration
Canadian international commerce practice and law
2 hours Dashamir Kore
: SYLLABUS OF “PROFESSIONAL ETHICS”
(For the School of Magistrates)
(Academic year 2008-2009)
(The first year)
1. Semester teaching load: 96 classes.
2. Weakly teaching load: 2 classes, 45 min each one, within five days.
3. First semester, 16weaks 6 October-1 February.
4. Subject obligations: exams, independent work papers, theses and
other related work should be carried out from 6 th October - 1st
February.
5. Final exam shall be held in February.
Professors responsible:
1. Elida Take,
2. Evis Alimehmeti
The subject of Professional Ethics should be treated only by the Syllabus of
the School of magistrates, treating it as a subject of special importance.
I. Objectives
The treatment of the course of the Professional Ethics in the School of
Magistrates, aims at carrying out of some of the objectives, the most
important ones should be summed up as follows:
a) Information of magistrates regarding the group and the nature of
rules typically included in Code of Ethics, as well as the obligation
regarding it. Education of magistrates with ethics value of different
levels from the law and the moral standards of the relevant social
group:
b) Preparation to confront the most problematic situations that
characterize the profession of the lawyer in Albania.
c) Further encouragement of magistrates to explore different aspects
of ethics obligation, in order to give contribution in increasing the
quality of their work especially in regard to the responsibility,
transparency of their profession.
II. Ways of achieving objectives
The objectives of the subject Professional Ethics in the School of
magistrates should be realized through the application of methods
described hereinafter:
a) Expression of the coexistence foreign in the academic field
regarding the rules of ethics, the necessity for the Codes of Ethics,
and the responsibilities connected with their implementation. For
this aim, the most useful and important literature must be used in
this field, mainly that of American, Danish and Canadian
universities. This part makes, in any case an approximation of
such features with that of Western European, in order to bring out
the typical differences regarding the way of ethic rules of legal
profession.
b) The analyses of the Albanian system regarding the rules of the
ethics, bringing out( its relevance in relation to other systems of
regulation of the ethical subjects, as well as other problematic
aspects or the dilemmas, which characterize the regulation of such
subjects in Albania.
c) The organization of the time of practical discussion with the
representatives of relevant institutions which are engaged in the
estimation of the violation of the rules of ethics. In concrete terms,
during the curricula of this subject, concretely, during the
discussion sessions with the representatives from the institution of
inspectorate of the High Court of Justice, National Chamber of
Lawyers, and Disciplinary Council of prosecutors . This aims at
making the information more concrete during the theoretic classes
and the facility of the observation etc.
d) The organization of the e independent work during the curricula of
the course, in relation with the different questions of the ethics of
the judges and prosecutors, and the lawyer as well. This part
includes the free discussion on the practical cases, domestic and
foreign as well. The object of such works are the analyses of the
decisions of the Constitutional Court of Albania as well, regarding
the ethical cases. The preparation of such theses, independent
works, essays, is individual and based on the materials given
during the course, theses and the discussions during the practical
classes. The presentation of the students is evaluated of the
preparation regarding the subject.
III. The structure of the subject
I. Introduction in the subject of professional Ethics.
II. The organization of the subject, the methodology, the form of the
examination, the demands of the subject.
(2
hours)
Elida
Alimehmeti
Take,
Evis
II. General principles of the professional Ethics; its legal characteristics;;
the parting line between law and moral.
(2 hours) Evis Alimehmeti
III. Types of Codes of Ethics, their characteristics. The theory regarding
the judgment and actions of professionals as ethic but not ethical.
(2 hours) Evis Alimehmeti
IV. The role of the judge, his components and the responsibilities in
Albanian legal system.
(2 hours) Elida Take
V. The analyses of the features of the Code of the Ethic of the judges in
Albania. General view on the Constitution,
the Law of the
Organization of the Judicial Power, the Law High Council of Justice,
the law of he Judicial Conference.
(2
hours)
Evis
Alimehmeti
VI. The evaluation system of judges, the analyses of the ethical aspects
characterizing them.
(2 hours) Elida
Take
VII. Practical discussion with a judge. Practical cases. Discussion on the
decisions of the Constitutional Courts.
(2 hours) Elida Taker
VIII. The role of the lawyer in the system of justice; The main principles
of ethics characterizing the profession of a lawyer.
(2
hours)
Evis
Alimehmeti
IX. Analyses of the Code of Ethics of the lawyer; the principle of conflict
of interests and the principle of the confidentiality.
(2
Alimehmeti
hours)
Evis
X. The organization of the functioning of the Lawyer National. Cases of
Disciplinary responsibilities.
(2 hours) Elida
Take
XI. Practical discussion with a lawyer. Practical cases.
(2 hours)
Take+ i ftuar
Elida
XII. the role of a prosecutor in the system of justice, his competencies
and responsibilities, regarding the ethics.
(2 hours) Elida
Take
XIII. the characteristic of the Code of Ethics of the Albanian prosecutors,
drawn by the organization of the Albanian Prosecutors ; The main
principles of Ethics of the profession of the prosecutors; The
function of the disciplinary Council in the system o prosecutors.
(2 hours) Elida
Take
XIV. The analyses of the features of he Code of Ethics of the prosecutors
in relation to the Code of Ethics of judgment and lawyer.
(2
hours)
Evis
Alimehmeti
XV. Practical cases.
(2 hours) Elida Take
XVI. Summary and revision. Discussion on practical cases regarding the
cases of three professions. Briefings and preparations for the final
examination.
(2 hours) Elida Take, Evis
Alimehmeti
IV. Main literature:
Summary of lectures for professional Ethics, prepared by Evis
Alimehmeti, Elida Take;
Foreign Literature: Gavin Mac Kenzie, “Lawyers and Ethics; Professional
Responsibility and Discipline,” Carswell, Third Edition, 2001, Michel
Proulx, David Layton, “Ethics and Canadian Criminal Law,” Irwin Law
Inc., 2001,
Albanian Constitution, 1998;
Code of Ethics for judges;
The evaluation system of judges;
Law Nr.8436, date 28.12.1998, “For the organization of the Judicial
Power”.
Law Nr. 8811, date 17.05.2001, “For the Organization and the
Functioning of the High Council of Justice
Law Nr. 9448, date 05.12.2005, “For the amendments and changes in
Law Nr. 8811, date 17.05.2001, “ For the Organization and the
Functioning of the High Council of Justice”.
Law Nr. 9399, date 12.5.2005 ,”For the Organization and the
Functioning of the High Council of Justice”.
Code of Ethics of the lawyer.
Law Nr. 9109, date 17.07.2003, “For the functioning of the Advocacy in
Albania”.
t;
The Statute of the Association of Albanian prosecutors;
Law Nr. 8737, date 12.02.2001, “For the Organization of the prosecution
in Albania” (amendment);
Summary of the decisions of the Constitutional Court 2002-2006.