: A Guide to Researching the Albanian
Legal System
By Mbaresa Veleshnja Gentry
Mbaresa Veleshnja
Gentry holds a BA in Political Sciences from the
Published July 2005
Table of Contents
Legislative and Executive Bodies
Publication of Court Decisions
The
language is Albanian (called Shqip by Albanians).
In Albanian, the name of the country is Shqiperia.
Shortly
after the defeat of
During
the Second War,
During
the communist era,
The
democratic elections of
The unicameral Parliament
(Kuvendi) represents the legislative branch.
The executive branch is represented by the President as the Chief of State,
Prime Minister as the Head of Government, and the Council of Ministers. The judicial branch is composed of the
The unicameral Parliament
(Kuvendi) consists of 140 seats, 100 of which
are determined by direct popular vote. The remaining 40 seats are distributed
by proportional representation. All
Parliament members serve a four-year term. The internal structure of Parliament
is composed of the Speaker, Deputy Speakers, Bureau of Parliament,
Parliamentary Groups, and Parliamentary Commissions. (See the website of Parliament: in Albanian, English and French.)
The
President is the head of state and is elected by a three-fifths majority vote
of all Parliament members. The President serves a term of five years with the
right to one re-election. Although the position is largely ceremonial, the
Constitution does give the President authority to appoint and dismiss from
office some civil servants in the executive and judicial branches and to issue
decrees. The current President's term expires
on
The Prime Minister is
appointed by the President and approved by Parliament. The Prime Minister
serves as the Chairman of the Council of Ministers, which consists of the Prime
Minister, Deputy Prime Minister, and 18 ministers. Members of the Council of
Ministers are nominated by the Prime Minister and approved by the
President. The Council of Ministers
introduces to Parliament draft laws necessary for implementing the
Constitution, and issues decisions, instructions, regulations and orders to
implement the body of laws approved by Parliament. (See the website of the Council of Ministers: in Albanian and English.)
All legal
acts must be in compliance with the Constitution. International treaties and conventions
ratified by Parliament prevail in case of inconsistency with Albanian
legislation.
Legal acts, according to the type
of act, are issued and approved by the respective organizations as follows:
·
Laws
are proposed by the Council of Ministers, approved by Parliament of the
·
Parliament
decisions are issued by Parliament;
·
Decrees
are issued by the President of the Republic;
·
Normative
acts, decisions, instructions, regulations and orders are issued by the Council
of Ministers;
·
Instructions,
regulations and orders are issued by each Ministry; and
·
Court
Decisions are issued by the
A law, after approved by Parliament, is promulgated by the
President of the Republic, and enters into force 15 days after its publication
in the Official Gazette.
Prior to
1999, the Official Gazette (called Fletorje Zyrtare in Albanian) was published by a section within
Parliament. Laws issued by Parliament
were all published in the Official Gazette, but, especially during 1992-1997,
many sub-legal acts issued by the Council of Ministers and Ministries or other
state central institutions were not.
With the intention of fixing this problem, Parliament issued law no.
8502, date 30.6.1999 "On establishing the Official Publication Centre", under
the supervision of the Ministry of Justice.
According to this law, "the Centre is required to publish: laws, decrees
issued by the President of the Republic, normative acts of the Council of
Ministers, ministries, other central institutions, decisions of the
Constitutional Court along with dissents, unifying or altering decisions of
judicial practice of the Supreme Court, and any other act issued by other state
institutions, publication of which is required by law." The Centre, in addition to the Official
Gazette, publishes also compilations of legislation based on subject areas,
such as procurement legislation and civil service legislation, updated Codes of
Albania (Civil Code, Civil Procedure Code, Criminal Code, Criminal Procedure
Code, Family Code, Road Code, Administration Procedures Code, Military Code and
Electoral Code) and the Constitution.
All publications are only in Albanian.
In early 2005, the Official Publication Centre
launched a website to make information more widely available.
After
1991, several companies were created for the purpose of publishing in
electronic form Albanian Legislation.
The most popular electronic version of legislation (in Albanian) is the
Jurist Program (Programi i Juristit), which is distributed on a CD and updated
every three months.
The
Library of Parliament also produces and makes available to Parliament members
an index of legislation.
In 1994,
an Index of Albanian Legislation, both in Albanian and English, showing
implementation, amendments, references and classification based on subject
areas, was established. This Index in
the Albanian language is published several times annually and distributed to
Courts and Government Agencies with the help of several donor organizations
operating in
The
The
The
The review by the
According to the Constitution, the
The High
Council of Justice is composed of 15 members- the President of the Republic,
who chairs the High Council of Justice, the Chief Justice of the Supreme Court,
the Minister of Justice, three members elected by the Assembly, and nine judges
from any level in the court system who are elected by
the National Judicial Conference.
The High
Council of Justice proposes to the President of the Republic the appointment of
judges of the courts of first instance and the courts of appeal, decides on the
dismissal of judges of the courts of first instance and the courts of appeal,
decides on the transfer of judges, decides on the disciplinary measures taken
against judges, and appoints and dismisses the Chiefs and the Deputy Chiefs of
the courts of first instance and the courts of appeal.
The
Supreme Court is organized and operates in compliance with law no. 8588, date
15.3.2000 "On the organization and operation of the Supreme Court of the
The
Supreme Court is the highest court of appeal and is composed of 17 judges
appointed for a nine-year term by the President with the consent of Parliament.
The
Supreme Court is organized in civil and criminal panels. The criminal panel
tries military and criminal cases and the civil panel tries commercial,
administrative, family, labor cases and the like. The Chief Judge of the Supreme Court, after
taking the opinion of the judges, can move cases from one panel to the other.
The
Supreme Court panels try cases on a bench of five judges. The Joint Panels of the Supreme Court issue
the unification and amendment of court practices.
Decisions
of the Supreme Court are proclaimed, along with the reasoning behind the
decision, no later than 30 days from the date of the termination of the
judicial examination. Decisions of the Joint Panels, along with their
reasoning, are published in the Periodical Bulletin of the Supreme Court.
Decisions that serve the unification or amendment of the court practice are
published immediately in the next issue of the Official Gazette.
Courts of
Appeal sit in six different regions of the country and review complaints
against decisions of Courts of First Instance.
These courts sit in three judge panels.
The
Courts of Appeal function in regions defined by the President of the Republic,
based on a proposal of the Minister of Justice after consulting the High
Council of Justice.
The
assignment of cases to judicial panels at all levels of the judicial system is
done by lottery according to procedures provided by law.
To be
appointed a judge in the Courts of Appeal, one must possess full legal
competence, hold a law degree, have no criminal record, have a "good
reputation," and be at least twenty-five years old.
Judges of
the Courts of Appeal are nominated by the High Council of Justice and appointed
by the President of the Republic.
Persons may be nominated if they have worked for not less than five years
as judges in the Courts of First Instance and have demonstrated "high
ethical, moral and professional standards in the exercise of their
duties." Judges of the Court of
Appeals continue in that role until they resign, are removed from office, or
reach the age of sixty-five.
The
Courts of First Instance try according to rules provided in the Codes of Civil
Procedure and Criminal Procedure, where the composition of the judges' panel is
also defined.
Courts of
First Instance are organized and function in thirty-six judicial districts
throughout the country. The territorial
jurisdiction of each one is defined by a Decree of the President of the
Republic, based on a proposal from the Minister of Justice after consulting the
opinion of the High Council of Justice.
There are
no jury trials under the Albanian system of justice. A panel of three judges renders court
verdicts.
To be
appointed a judge in a Court of First Instance, one must possess full legal
competence, hold a law degree, and have no criminal record, have a "good
reputation," and be at least twenty-five years old.
Legal
provisions applied for organizing judicial power and the High Council of
Justice apply also for organizing and operating Courts of Felonies and Appeal
Courts of Felonies, except when otherwise provided by the law on Courts of
Felonies.
Courts of
Felonies and Courts of Appeal of Felonies are part of the judicial system and
try felonies, as defined by law, in Courts of the First and Second Instance.
The
President of the Republic, based on a proposal of the Minister of Justice after
consulting with the High Council of Justice, establishes the number of Courts
of Felonies and Appeal Courts of Felonies and their territorial jurisdiction.
Courts of
Felonies are composed of the Chief Judge, Deputy Chief Judge and judges,
appointed for a nine-year term.
The
Courts of Felonies and the Appeal Courts of Felonies try cases using panels of
five judges.
Military
Courts are organized and function within the judicial system according to
powers defined in law. Military Courts are composed of Courts of First Instance
and a Court of Appeal. Military Courts
try military cases.
The
military Court of Appeal reviews in the second level complaints filed against
decisions of the Military Courts of First Instance. The Military Courts try
cases using panels of three judges.
The Bar was established on the basis of a 1990 reform (Law no. 7382, date 8.5.1990 For the Advocacy in the People's Socialist Republic of Albania, and amendment of article 9, 10 and 14 of the Code of Penal Procedure, by law no. 7387, date 8.5.1990). Before the establishment of the Bar, defendants (and others in need of legal counseling) were assisted by legally trained officials ("advisers"), as established by Decree no. 4277, date 20.7.1967. Authorities of such advisers did not extend to the investigation phase. The primary purpose of legal advocacy is to assist defendants during the investigation and the trial, and to serve as counsel in civil and administrative cases. Participation of an advocate is compulsory if the defendant is a minor or is incapable of defending himself because of physical or mental disabilities. The Bar consists of collegiums of advocates. Membership is restricted to persons with a law degree and who have at least three years experience as lawyers. The Minister of Justice may grant exceptions from these requirements.
Advocates do not have a monopoly on the presentation of cases in court. Individual citizens remain free to present their own case in court.
The
Bailiff Service is organized for enforcing executive orders in cases
established by the Civil Procedure Code.
The Bailiff Service exercises its functions through judicial bailiff
officers, who, in the course of their duty, represent the state.
Decisions
of the
Decisions
of the Supreme Court, including an explanation of its reasoning, are proclaimed
not later than 30 days from the date of termination of the judicial
examination. Decisions of the Joint
Panels, along with their reasoning, shall be published in the Periodical
Bulletin of the Supreme Court. Decisions
that serve to unify or alter court practices are published immediately in the
next issue of the Official Gazette.