THE REPUBLIC OF ALBANIA SCHOOL OF MAGISTRATES

No.______ Prot. Tirana on ___.___.2018       

DRAFT PROGRAM OF TRAINIG TOPICS OF THE CONTINUOUS FORMATION OF THE SCHOOL OF MAGISTRATES

OCTOBER 2018 – JULY 15, 2019

No. PROPOSED TOPIC

CRIMINAL LAW / CRIMINAL PROCEDURAL LAW1. Personal security measures. The application of more than one measure and alternative sentences intending the reduction

of cases of the application of the security measure of the “arrest in prison” and imprisonment sentence. The hearing of the assessment and of the interrogation of the arrested person. The replacement of security measures: The opinion of the prosecutor and the decision-making of the court.

2. The appeal against the sentence of the non-beginning of the criminal proceeding and against the sentence of the stay of the case or of the accusation, in the case of criminal controversies. The role of the judge of preliminary investigations and of the preliminary hearing and problems of the judicial practice.

3. Evidence and the unusability of the evidence collected contrary to the law. The relation of the invalid act with the

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usability of the evidence taken through it. Comparative view with foreign doctrine and jurisprudence.4. Reformation of the criminal judgment in Appeal.5. The minor victim in the criminal process. The minor a victim of criminal offences of sexual nature. ECtHR standards in

relation to the interrogation of the minor and the usage of the declarations of the minor as evidence in the criminal process. Innovations of legal changes in the Code of Criminal Procedure, as well as in the Code of Criminal Justice for Children. [The second day with OSCE with this theme: The minor that is victim of trafficking and exploitation. Innovations in the Code of Criminal Procedure, in the Code of Criminal Justice for Children and in the law no. 18/2017, on the rights of the child and protection.

6. The role of the judge in the preliminary hearing, innovations and the progress of the judicial practice. The preliminary hearing, as one of the innovations brought in the Code of Criminal Procedure, through law no. 35/2017, in the Code of Criminal Procedure. Features of the preliminary hearing and the rights of parties. The judgment for the completion of investigations. The change of the charge in the preliminary hearing. Representation of the request for summary trial in the preliminary hearing and the role the judge of the preliminary hearing has in its judgment. Kinds of sentences taken by the judge in the closing of the preliminary hearing. The elements of judgment of the preliminary hearing and the trial file.

7. The trafficking of human beings. The criminal prosecution and trial of the acts of the trafficking of human beings in accordance with the innovations of the Code of Criminal Procedure. The rights of the victim of trafficking during the criminal process.

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

9. Trial in absentia: Trial in absentia according to the Article 6 of the European Convention for Human Rights;

Jurisprudence of the European Court for Human Rights with the main focus the presence of the defendant in trial;

Problems of the Albanian judicial practice after the changes in the Code of Criminal Procedure, through law no. 35/2017.

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

11. The recognition of criminal judgments of the authorities of the justice of the United Kingdom intending the transferring of the convicted ones.

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12. Criminal justice for minors. International standards related to the principles of friendly justice for minors and the news of the Albanian

legislation (Code of Criminal Procedure and Code of Criminal Justice for minors); The protection of the highest interest of the child; Procedural position of the minor in and during the criminal process according to the Code of Criminal Justice for

Children; the avoidance from the criminal prosecution of the child in conflict with the law. Procedural rights of the child in conflict with the law.

Procedural rights of the witness/child victim and methods of the interrogation according to the provision of the Code of Criminal Justice for Children (CCJCh). Psychological features of the testimony of the child.The protection of the rights of minors as witnesses (the Code of Criminal Procedure and the Code of Criminal Justice for Children); Social integration and rehabilitation of children in conflict with the law.

13. The penitent defendant as collaborator of justice. Features of the procedural position as witness. Evidencing value of his testimony in the criminal process. The importance and the role of the witness with concealed identity in the criminal proceeding.Collaboration with justice and the evidencing value of the declarations of the collaborator of justice. The protection of the witness and of the collaborator of justice. Preliminary phase of the agreement and the negotiation for the achievement of the agreement. Conditions and the application of the agreement for protection. Collaboration with other institutions for the application of the agreement.The value of the declarations of the collaborator of justice according to the judicial practice in Albania and of the practice of the Strasbourg Court. New changes brought for the collaborator of justice, done in the Code of Criminal Procedure. The evaluation of the declarations of the collaborator of justice, as well as problems appeared in practice for this kind of evidence.

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

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

16. The meaning and the evidencing value of clues in the criminal process. Scientific proofs, as a specific case of the clue evidence in the criminal process. The evaluation of clues.

17. Ne bis in idem, as judicial presumption. The relation with the executable criminal judgment. (According to the national criminal law and international criminal law).

18. Evidences in the criminal judgment. Their kinds. The principle and their exclusion. The consideration of evidences,

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theories of its consideration. 19. The organized crime in Albania, its features and characteristics. Structured criminal group, as one of the forms of the

organized crime. The meaning and the characteristics of this form of cooperation.Criminal responsibility of the members of the structured criminal group and problems appeared in the judicial practice for the avoidance of the double punishment and according to the Article 333/a and according to the Article 334 of the Criminal Code.

20. The role of the alternatives of punishment with imprisonment and the service of proof. The beforehand conditional release as one of the alternatives of punishment with imprisonment. Judicial practice. Relations of the service of proof with the prosecutor in the phase of execution.

21. The application of the law no. 10192, date 3.12.2009, on the prevention and the attack of the organized crime, trafficking, corruption and of other crimes by means of preventing measures versus the property and its innovations.Investigation, sequestration and confiscation of criminal assets. The process of evidencing and the transformation of the burden of proof. Innovations of additions and changes.

22. The clarification of the products of the criminal offence. The approach of the internal law with the international law. Judicial practice.

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

24. Eavesdropping as means to look for the evidence in the penal process. The attention to keep the balance with the right of the respect of private and family life. Eavesdropping results

and evidencing value. Judicial practice and international standards.25. Terrorism and crimes intending terrorism. The problem of foreign fighters. Investigative and judicial practice and the

experience of the international cooperation. Terrorist organizations, its main features. 26. The victim and the penal process. Changes and additions of the law no. 35/2017 and international standards. Protection

from revictimization. Problems of civil lawsuit in the criminal process. Compensation of victims.

27. Prevention and the war against trafficking focused on: Arms trafficking and military ammunitions; Motor vehicles and works of art and culture trafficking; The importance of interinstitutional cooperation between law-implementing institutions.

28. The importance of experimentation as evidence in the criminal process. The role of the Institute of Police Science and problems of the judicial practice, in the case of the technical experimentation of calls and SIM cards. Demonstration of the usage of the specific program for the intentions of proof.

29. Criminal offences in the field of bankruptcy.

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The role of the new law of bankruptcy in the prevention of the concealment of incomes / the property of the debtor through the procedure of bankruptcy.

30. Jurisdictional relations with foreign authorities, from the point of view of the changes of law no. 35/2017. Extradition; Temporary arrest; The recognition of the foreign criminal sentence for the judged "in absentia" by the Foreign Judicial authority. 

31. The non-aggravation of the position. The limits of the extension of this procedural rule. Its relation to the rule of the non-after-action of the criminal law. Comparative viewpoint according to international criminal law and European criminal law.

32. Formal judicial aspects and aspects of the content, in the viewpoint of the comparative doctrine and jurisprudence of the word group: "Reasonable suspicion based on proofs as the fundamental condition in the process of the giving of measures of personal safety.”

33. Drug trafficking. The meaning and the elements of the criminal offence of drug trafficking and problems of its normative formulation. The attitude of the judicial practice for cases when this criminal offence is in tentative. Difficulties in the investigation and judgment of this criminal offence in cases when it is done from the organized crime. Reasons why, in the judicial practice in Albania, in the majority of cases come for judgment the farthest people of this criminal activity, chiefly the couriers and assistants and are not judged the organizers and the leaders of this criminal activity.

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

35. The evidence with witness in the civil judicial process. Meaning and object of the evidence. The rights and obligations of the witness during the criminal process. Direct and indirect evidence. The objection of evidence. Internal and external confidentiality of the declarations of the witness. Judicial practice on the value of evidence, as proof.

36. The giving of the criminal conviction from court. The criteria of the giving of the conviction with focus in the Article 47 and up of the Criminal Code. Theoretical

studies and the judicial practice related to the giving of the criminal conviction from the court; The giving of conviction for the criminal offence in tentative, for the drunk people and those with mental health

problems; People with mental health problems: mental health well-being: meaning; the promotion of mental well-being; stress and its management;

The giving of the conviction in the case of the recognition of a judgment of a foreign court.

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37. The process-verbal of the judicial séance in a criminal proceeding. Transcription. The invalidity of the acts. Analysis of criminal procedural provisions with focus in the Articles 115-117; 122-130 of the Code of Criminal Procedure.

38. Notifications and their invalidity. Legal framework related to the notifications with focus in the Articles 133 - 142/a of the Code of Criminal Procedure.

39. The role of the prosecutor in the direction and the control of preliminary investigations; reports with the judicial police. Problems of the judicial control during the phase of preliminary investigations. The importance of the notification act for the completion of preliminary investigations and the role of the defender in this phase of the process.

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

41. The defendant, his lawyer and the innovations that cause the changes of the Code of Criminal Procedure.42. The commitment of the crime in the conditions of strong psychic shock. Comparative view in cases of necessary

protection. Approaches with the principles of the international criminal law.43. Proactive investigations in the field of drug trafficking. Procedural instruments; investigation strategy; report with

the judicial police; eavesdropping as an evidencing element and their interpretation; simulating actions, provocation; infiltration; controlled surrender. Common investigation teams.

44. The change of the judicial qualification during the criminal procedure of investigation and judgment. 45. The investigation of cases related to the safety of journalists (thematic workshop for prosecutors involving the

representatives of law).46. Conditions of proceeding (innovations and a view in the context of legal changes).

Authorization and consent to commit actions; circumstances that do not consent the start of proceeding and the sentence of the non-start of the criminal proceeding; the restart of the investigations even in the absence of an appeal, the Article 292 of the Code of Criminal Procedure.

CIVIL LAW / CIVIL PROCEDURE 47. Jurisdiction of the Albanian courts in the examination of civil matters with foreign elements in the view of the new

penalizing approach offered by the law no. 38/2017.48. The invalidity of procedural acts in the civil judgment.49. Lawsuit, material and procedural dimensions. Its transformation. 50. The process of evidencing in the civil judgment; the object of dispute; the claims of parties; facts of the case; the

evidence; judicial statement. Judicial statement and extra judicial statement; the statement: evidence or instrument for the release from the burden of proof; Judicial statement: a) formal statement; b) non-formal statement.

51. The right of appeal of parties in absentia in the civil process. Reposition in term of parties in the civil process during the phases and scales of judgment. Material and procedural legitimating and the judicial report between this action chiefly

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of the court and the disponibility of parties. 52. Rejudgment of the case in the civil process, errores procedendi and errores iudicandi. 53. Review as an extraordinary means of appeal.54. Temporary procedural measures in the civil process; measures of the assurance of the lawsuit; temporary execution of

the judgment; suspension of the judgment. 55. The approach of the Albanian legislation to the EU law in the field of securities by security companies. Problems of the

Albanian jurisdiction. ECJ practice in this field. 56. Written evidence in the civil and administrative process; the document and the paper in general; the acceptability of the

paper evidence in form; legal evidence: a) narrative official paper; b) dispositive official paper; ordinary evidence: a) simple paper; b) the start of the evidence with document; relativisation and nihilism of the official document etc.

57. On the application of Copyright for the system of justice and other law-implementing institutions. The actual situation in Albania in relation to the legal context and problematics and challenges of the application in practice.

58. The procedure of the examination of lawsuits on small quantities, abbreviated judgment, communication with parties, rules for the interrogation of the witness, the reasoning of the judicial sentence as well as the right of the appeal of judgment.

59. The suspension and the stay of the civil process, first instance, appeal, High Court. Obligatory execution.60. The respect of Copyright for judges and lawyers, but even for other implementing institutions.61. The turndown in the civil process. Preliminary actions and actions committed in the preliminary séance by the lone

judge, the defending declaration of the accused party in the civil process and the order for the fixing of the judicial séance according to changes done by law no. 38/2017.

62. Judicial law; the precedence; the role of judicial judgments, jurisprudence in the wide meaning even to the doctrine of the formation of justice.

63. Jurisdiction and civil and administrative judicial competence. Jurisdiction, ground, substantive and functional competence and the application of the substantive law on time on the matter of recognition, reparation and compensation of property.

64. Usability of procedural acts and unusability of evidences in civil and administrative judgment. The invalidity of procedural acts in the civil process; unusability of evidences in the civil process.

65. The burden and the real rights: Their characteristics. Their classification. Usufruct, manners of its creation. Object the rights and obligations of usufructer and of the expropriated owner. Usage and residence, servitudes. The fundamental principles of the creation of servitudes, classification of servitudes, servitudes imposed by law and voluntary servitudes. The exercise of servitudes.

66. Proceedings in the counseling hall:

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Proceedings on the request of parties and ex officio. The notification of the proceeding in the counseling hall of parties that have interest. Revoking and the change of the judgments taken in the counseling hall. Legitimated parties to ask for the change or the revocation of the judgments taken in the counseling hall. The rights gained by the thirds because of the judgments taken at the counseling hall.The procedure of the examination of lawsuits on small amounts. Innovations of this judgment. The manner of the taking of the evidences in lawsuits with small amounts. Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure.

Judgment in the first instance court and in the appeal in the framework of the innovations of the Code of Civil Procedure.

The unification of matters in a sole judgment. The sense on the abbreviated judgment in civil matters; The new procedure of the “notification through public announcement," the role of the executioner in the process

of the notification at the court with focus the Articles 133 up to 144/a of the Code of Civil Procedure; Judgments of the court during the preliminary actions; preparatory séance; the order for the fixing of the trial

séance; actions of conciliation; compulsory co-intercourtship with focus the Articles 158/a - 161 of the Code of Civil Procedure;

The judgment of the requests for the notice of the violation of the reasonable deadline, the acceleration of proceeding and damage compensation with focus the Articles 399/1 - 399/11 of the Code of Civil Procedure and the Article 109 of law no. 38/2017.

67. Res iudicata judgment in the civil process and practical problems of the implementation.68. Court parties, procedural scenarios of the formation and of the transformation in phases and levels of the civil judgment. 69. Winning prescription in front of other original manners of the winning of property. Winning prescription, with or

without title. Problems of the judicial practice related to the winning of property on state real estates by private subjects in the conditions of the winning prescription with or without title.

The manners of the winning of property on lands possessed by the private subject as part of constructions done before and after 1991;

The meaning of confidence in the instant of the entrance in possession. The possession of the object through the criminal offence of land invasion and the passing of the legal limit of prescription;

Active and passive legitimating. Representation and the owner state, unverified owner and the meaning of “former owner” according to the legislation. Representation of the former owner by the Council of Ministers or the Unit of Local Governing which has the land in ownership, according to the law, on the real estates of the state.

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Prescription term in the moment of the initial registration with the state as owner. 70. Deleting prescription and decadence. Meaning; the reasons and the importance of the institute of prescription;

conditions of the existence of the judicial fact of the prescription of lawsuit; limits of the application of prescription; prescription terms; suspension of prescription; interruption of prescription; judicial consequences of lawsuit prescription; the differentiation of prescription from preclusiveness and decadence; prescription in the procedural law; the distinction of the judicial regime of lawsuit prescription in the administrative process and in the civil process; Changes of the Code of Civil Procedure in 2017 on the turndowns in the strict meaning and the judicial practice.

71. Violations of the Intellectual Property on Internet. Concrete cases from the Albanian and international practice. 72. The evaluation of the possibility for confusion in matters connected to trade marks. Practical cases from the Court of

Justice of the European Union and how will they be implemented in Albanian practices and how they may be implemented in Albanian practices. Unfair commercial practices on Intellectual Property rights, theoretical and practical analysis.

73. Judgment in absence in the civil process, in phases and levels of judgment:- Judgment in absence and its kinds;- Judgment in absence in subjective and objective trials;- Judgment in absence according to court parties;- Judgment in absence as specific trial;- Judgment in absence in phases of trial;- The process of evidencing in judgment in absence;- The delayed presentation of the court parties in absence;- Causes of claim on the judgment in absence;- Judgment in absence in the revising trial;- Obligatory execution in absence.

74. Combination of the administrative jurisdiction with that civil one in cases of accomplishment/non-accomplishment of the obligations in an administrative contract (enterprise contract, sale contract, concession contract, etc.)

The distinction of the legal basis in the judgment of matters: of the application of the administrative legislation during the phase and procedures for the signing of the contract from the application of the Civil Code during the phase of the execution of the contract.

75. Enterprise contract under the view of the judicial practice. The nature of judicial relations created between investors and businessmen in the construction area; Common points and distinctions between the enterprise contract, sale contract with reserve of the property, the

contract of the future object and the contract of the promise for sale; Judicial problems of the judicial practice for the identification of the nature of disputes and its resolution;

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The signing of more than one contract on the same property (cases of frauds done from construction associations).

76. The process of evidencing in the civil judgment and features of the act of expertise as evidence: Obligations of court parties in this process; The act of expertise as one of the kinds of evidences referred even to recent changes of the Code of Civil

Procedure; The value of evidences taken in a judgment that afterward is abrogated from the Appeal Court and the case is

restituted for judgment.77. The execution of the in effect judicial sentences. Innovations of the Code of Civil Procedure.

The integral treatment of the provisions of the Code of Civil Procedure that arrange the obligatory execution; The execution order; the invalidity of the executive title; the opposition of execution actions; the suspension of

the execution of executive titles; international standards and the Albanian judicial practice; The judicial control on the executions; The application for cases of execution procedures for the execution of contracts of bank credits; The separation of the part of the debtor who is co-owner in the phase of the execution of the obligations and

problems of the judicial practice. 78. The development of a judicial process and the correct legal process within a reasonable deadline.

The unreasonable duration of judgment procedures and of the administrative process, as well as of the execution of sentences;

Expectancies from changes in material and substantial laws. (Civil and Penal Procedures, law for the Constitutional Court etc.; Jurisprudence of the Constitutional Court related to the reasonable deadline);

The search and the application of effective means for the prevention of violations that are related to the in term judgment;

ECtHR jurisprudence related to the reasonable deadline.  ECtHR standard on the execution of sentences and the time of trial. Acceleration in cases of delays and the

construction of an effective mechanism;The judgment of the requests for the notice of the violation of the reasonable term, acceleration of procedures and damage reward. The examination of the violation of the reasonable term and the amount of reward according to the criteria established by the jurisprudence of the European Court of Human Rights.

79. Limits of judgment in the High Court and the role of the High Court in the judicial practice. 80. Contract of Guarantee.

The end of the Contract of Guarantee;

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Contract of Guarantee in the area of bank credits; Problems of the judicial practice; Reports of the Contract of Guarantee with the mortgage contract; Independent bank guarantee according to ICC. Albanian and international judicial practice.

81. The institute of possession according to the Civil Law. Kinds of possession; Protection of possession; The meaning of possession according to the judicial practice.

82. Obligations deriving from Pre-Contract Phase.

The nature of the responsibility in the Pre-Contract Phase and the nature of damage: Contract or out-Contract;

The signing of the contract based on the moment of the accordance of the contractor will of parties; Forms of the appearance in the Pre-Contract Phase and their consequences; Withdrawal from the signing of the contract and its consequences.

83. The non-fulfillment of Contract obligations and the reward of Contract damage. Lawsuits deriving from the contract and cases of their making. The lawsuit on the accomplishment of the obligation in nature. The lawsuit of the resolution of the contract. Damage reward as accessory part of lawsuits deriving from the contract. Excluding cases of lawsuit on damage reward as an Out-Contract lawsuit related to contract, but when this is

over with accomplishment, with resolution, or because of the impossibility of the accomplishment.Limits of the examination of the case in appeal, judgment in counseling room in appeal and changes in the decision-taking of the court of appeal according to the court of appeal and according to law no. 38/2017. Causes of recourse in the High Court and the change of judgment in the third level according to law no. 38/2017. Out-Contract damage that is related to the dignity and private life. ECtHR jurisprudence related to the cross and balance of the rights that have to do with the private life, dignity and personality of the individual, as well as the freedom of expression. The damage reward in cases of such violations.

84. The right of property in the viewpoint of ECtHR jurisprudence and problematics.

Innovations of the law no. 133/2015 date 05.12.2015, on the treatment of property and the completion of the process of property compensation. Problems encountered in the judicial practice;

The examination of disputes in relation to its application.  Types of sentences taken from ATP and the division of competences between civil and administrative courts;

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The examination of disputes related to the sentences given from former KKP and former AKKP; General principles of the recognition and correct reward of sufferings caused from the unfair taking and keeping

of property; Methodology of the evaluation of compensation.

85. The evaluation of the evidence through witness in civil and administrative process; the non-usability of evidence through witness; limited non-usability of the evidence through witness; unlimited non-usability of the evidence through witness; the testimony of third court parties etc.

86. The lawsuit for the demand of inheritance and problems encountered in the judicial practice. Common and different points of the lawsuit for the demand of inheritance in the action for the demand of the object (of revindication).

ADMINISTRATIVE LAW87. The obligatory execution of the executive title for administrative matters.

The authority of the administrative judge in the execution phase. Sentences and orders taken by the judge in the phase of the obligatory execution of the executive title of the judgment of the First Instance Administrative Court;

Problematics derived from the judicial practice for this phase. 88. The innovations of the Code of Administrative Procedures in the direction of:

The invalidity and illegitimacy of the administrative acts; The annulment and the abrogation of the administrative acts and consequences deriving from them. The

common points and differences between the causes of the absolute invalidity and illegitimacy, as well as the annulment and the abrogation of the administrative acts.

89. Cases of the Administrative law - administrative judgment in all levels. Administrative law; The nature of the administrative judgment and the authorities of the administrative judge; the influence of the

European Union law in national systems of the administrative judgment; Matters of legitimating and the competence of the administrative courts; The first instance administrative judgment; judgment in the appeal and in the High Court.

90. Constitutional jurisdiction v administrative judicial administration. Disputes of competences between authorities when cause of conflict is the sublegal act, but even the individual

act; Control on the illegitimacy/non-constitutionality of normative acts; The individual in front of the jurisdiction of the Constitutional Court and of the Administrative Court of Appeal.

91. Innovations of the new legal framework for public administration.

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Law no. 90/2012, on the organization and functioning of public administration; Other legal and sublegal acts focused on public administration.

92. The approach of the Albanian legislation to the Community law in the field of public procurements. ECJ practice in the field of public procurements; ECJ practice focused on the administrative contract.

93. Legal and practical studies with effect on the professional capacity in the field of taxes. First day: Criminal offences in the field of taxes. The cooperation of tax authorities with the justice system. Second day: Appeal procedures of tax administrative acts: a) The examination of appeals for administrative convictions for administrative controversies; and b) the appeal against the sentences of the Tax Appeals Directory.

94. Value Added Tax - discussion of practical cases;Tax on incomes - practical cases.

95. Criminal offences in the field of taxes - investigation and judicial practice.96. Contracts having as object the accomplishment of a certain condition, intending the passage of real rights. The role of

ZRPP in this process.97. The nature of administrative legal tools.

The nature of the administrative appeal; Procedure of examination from the competent organ and the superior organ. The distinction between them;

The object of the administrative opposition, as an innovation of the administrative legislation; Review: a new legal instrument in the administrative process; The nature of the administrative appeal and the reformatio in pejus effect in the administrative process of Code

of Administrative Procedure. 98. Judicial administrative jurisdiction in front of civil judicial jurisdiction and the avoidance of divergences between them.

Administrative Contracts as the cause of the creation of divergences between two jurisdictions.99. Discretionary acts of public administration.

Judicial control of the discretionary authority of the administration; The respect of the principle of proportionality and the reasoning of the act as determinant element for the

exercise of the judicial control on discretion acts.FAMILY LAW

100. Domestic violence and gender based violence. The role of the court with focus the problematic of the judicial practice:1. The obligations deriving from the Istanbul Convention and Recommendations of Grevio Committee for the system of justice. 2. Amendments in the law, on measures against violence in family relations, and institutional cooperation for the protection of the victims of domestic violence.

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3. The circle of subjects which have protection by law no. 9669/2006 and subjects protected by the Article 130/a of the Criminal Code; 4. The treatment of qualifying circumstances of the Article 130/a of the Penal Code.

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

Basic elements of the communication with children: Knowledge on judges of the family section. Chronology of the development of communication during the process of child growing up; The development of child empathy;Two parenting models (constructing or destructing)?Discipline:  Conviction (time-out). Expressions of effective communication: Listening; non-verbal communication; verbal communication; empathy etc…Juvenile domestic violence: Negligence and syndrome of the ill-treatment of children: Shaken baby syndrome;Munchausen syndrome.

102. Marital property regime of the legal community; problems of the judicial practice:1. The comparison of the liquidation of the property regime of legal community in the civil specific judgment for the division of co-ownership property (common points and differentiations). 2. Family Code and relations with the law 7501, on the land, in cases of the marital property regime of legal community.3. The action for the division of property. First and second phases of the division of property;The nature of the first phase of the allowance of divisions according to the Unifying Judgment of the United Colleges of the corresponding High Court.

103. Alternative custody with base the family. The legislation in force related to the custody and the problematic of the judicial practice; Positive international experience and the ECtHR practice related to the institute of custody; The problems of the application of the legal framework in force and the necessity of the approximation with

international standards.Objectives of training:

The informing of judges of the family law on the alternative custody with base the family; The sharing of experience with Dutch homologue experts; Recommendations of the group of judges on the necessary legal improvements in the Family Code.

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

LABOUR LAW105. The end of work relations.

The Labour Code and problems noticed in the judicial practice. Legislation in the judicial relation of the employment for the employers and the employees, in the manner and

causes of the resolution of labour contracts with or without a defined deadline. The rights which enjoy legal protection in judicial ways.

Legislation on the prevention of discrimination in work relations: Problems noticed in the judicial practice.TRADE LAW

106. Innovations of the law on bankruptcy: problems noticed in the judicial practice.The reorganization of the debtor in a bankruptcy procedure; aspects of the reorganization and observance; the role of the organs of bankruptcy in reorganization; matters of theory and of the judicial practice related to this option; corresponding innovations of the new law.

107. Legislation on traders and trade associations. Reorganization of trade associations (unification, division, liquidation). The legal and economical criteria that might be applied by trade associations: Problems noticed in the judicial practice.

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

109. International registration of trademarks. The legal way that might be followed for the deletion of the registration with international character in the case of similar marks.

110. Consumers’ right. Developments in the consumers protection legislation in the EU context and the most important matters related to

the practices of dishonest trade as well as such conditions in a contract; Definitions of consumer and trader, area of action of consumers’ protection; The main provisions of the Directive on consumer rights (CRD) (2011/83/ EU); On alternative dispute resolution for

consumer disputes (Directive 2013/11/EU); Regulation on online dispute resolution for consumer disputes (Regulation 524/2013);

Unfair commercial practices (Directive 2005/29 / EC): main rules and practical cases; On unfair terms in consumer contracts (Directive 93/13 / EEC): main rules and practical cases.

CONSTITUTIONAL LAW AND HUMAN RIGHTS/ECHR

111. The protection of private data and privacy in report with the freedom of expression and technological developments.

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

113. The participation of the accused in the criminal process. The influence of the jurisprudence of the European Court of Human Rights in the reformation of the institute of the judgment in absentia.

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

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

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

117. The criteria on the evaluation of the effectiveness of the appeal instruments in the reflection of the ECtHR jurisprudence and decision-takings in cases versus Albania and of the constitutional jurisprudence. Constitutional and legal relevant amendments.

118. Freedom of thought, conscience and religion, limits of its exercise according to the ECtHR jurisprudence and home regulating framework. Sensitive developments in recent years in the decision-taking of ECtHR on the criteria of permissible limitations especially in public environments.

119. Methodology of reconciliating interpretation of laws with Constitution according to the jurisprudence of the High Court. Problematics noted from ECtHR in sentences versus the Albanian state. Legislative omission. Problems created in practice by the legislative omission and the manner of their resolution. Resolutions offered in different judicial orders.

120. ECtHR jurisdiction. Judicial practice; Preliminary process of the ECtHR; the handling of the applications to the court; judicial procedure; the

application of ECtHR sentences; The simulation of a trial in the ECtHR; ECtHR as source of the law. The direct application of ECHR.

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

122. Freedom of expression and media. Standards anticipated by ECHR and the ECtHR jurisprudence; Their reflection in the Albanian context.

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123. ECHR and the rights of asylum-seekers.

The rights of migrants and asylum-seekers. Standards of protection anticipated by conventions ratified by Albania in the area of migration and of the asylum and EU Directives in this field. Problems of the Albanian judicial practice. Comparative view to the best practices of respective international tribunals.

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

125. Scientific conference: Challenges of the application of the European standards in the freedom of expression in the Albanian context.

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

127. The right to receive information – how is the law applied in practice? (Thematic workshop for judges including representatives of the regulatory agency of media and journalists of experience).

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

EUROPEAN UNION LAW

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129. Bases of the European Law. Summary of judgments from the court of justice of EU; The application of the EU law from national courts; Pre-judgment procedures; Direct lawsuits in CJEU.

130. The process of coming close to the European Union in the judicial authority. Duties of the Albanian judiciary form the process of integration. Recognition with the legislation of the European Union. The interpretation of the Albanian legislation in the spirit of acquis communautaire. (E. Pëllumbi).

131. The EU law and its report with ECHR. The report and the connection of judgments between ECtHR and ECJ; Their importance in the local plan.

132. XVIth protocol of the European Convention on Human Rights, European and Albanian dilemmas. Requests for interpretation of the High Court and of the Constitutional Court to the ECtHR according to protocol XVI of ECHR. The approximation of protocol XVI of ECHR with pre-judgment requests to the European Court of Justice according to the European Union Law. Models of incidental judgment according to the legislation of different countries.

PRIVATE INTERNATIONAL LAW133. Matters with foreign elements in the civil area.

Jurisdiction of the Albanian courts; Problems of the application of the foreign law; Rome I Regulation of the EU and the confrontation with our substantive law; The execution of judicial sentences given from foreign courts.

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

135. The establishment of the international jurisdiction according to private international law and the Code of Civil Procedure along with its innovations.

136. Hague Convention focused on the family law and the rights of children. The role of the judiciary in their application.Hague Convention for the civil aspects of international child rapine. [1-day trainings with focus the Hague Convention obligatory for Albania.]

The application of Hague Convention in practice; The updating of the Albanian judiciary with the ECtHR jurisprudence.

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SPECIFIC AND INTERCURRICULAR TRAININGS137. Science and law.

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

138. Human rights and biomedicine. General knowledge on the Convention for the Protection of Human Rights and Dignity of the Human Being

related to standards of the application of the progress of biology and medicine; Scientific search, private life, confidentiality and the right for information; Euthanasia; Genetic tests and human DNA; The prohibition of the cloning of human beings; The transplantation of organs and membranes (cells) of human origin; Ethical and legal aspects of the organ donation; International jurisprudence related to bioethics.

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

140. The analysis of evidences and theories of evidencing The investigation of facts and the nature of evidences in the legal context; Principles of evidencing and Wigmore theory; Methods of the analysis and logics; Probability, weight and force of evidence.

141. The innovations of the Albanian legislation with influence on the status, organization and the activity of the functioning of the judge and prosecutor.

Laws on the governing organs of the system of justice no. 115/2016; Law on the status of judges and prosecutors in the Republic of Albania no. 96/2018; Law on the organization of the Judicial Authority in the Republic of Albania no. 98/2016.

142. To find, to understand and to cite the ECtHR practice. Practical guides and analysis.

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

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

145. The writing and reasoning of judicial sentences. Models of the writing and reasoning of judicial sentences. The construction of a sentence, its components, relation between them, the ranking of arguments.

146. Legal writing and reasoning. Practical guidelines for the unification of methodology in the writing of sentences and the deviation of problems that are evidenced from practice related with the balanced treatment of all elements of the judicial sentence.

PROFESSIONAL ETHICS AND JUDICIAL MANAGEMENT147. Ethics of communication and its kinds. Written communication; The construction of the text to connect fluency with

content.Verbal and non-verbal communication to the court; the improvement of communication conversation in the trial. The role of the judge and the behavior of other procedural actors: Prosecutor, advocate, accused, victim. The importance of a correct communication, ethical behavior, the effects of conversation in the giving of an effective justice and the increase of the performance of the organs of justice.Communication with specific populations. The construction of confidence through the spoken language, cultural effects, social and economical effects. Wonts of the effective communication: Listening; non-verbal communication; verbal communication; Empathy etc.

148. Ethical rules and standards for judges according to the legal framework in force and the expected changes. New Constitutional regulation in relation to the Judicial High Council, High Inspectorate of Justice, Advisor of

Ethics etc., disciplinary violations according to the law 96/2016, on the status of judges and prosecutors in the Republic of Albania.

Standards of professional ethics during the exercise of the duty and out of it, regulations that might find space in the Code of Ethics and the efficiency of the implementing mechanism;

Professional and ethical evaluation of judges (basic data on the procedure and the criteria, as well as the approximation with the best European standards and practices).

149. Professional ethics and communication lawyer - judge - prosecutor. Ethics “in” and “out” of the courtroom. Limits of ethical and unethical behavior. Relations judge-prosecutor-lawyer based on the standards of the Council of Europe.

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

151. Relations of the court with public and media.

152. The independence and impartialness of the judiciary according to ECtHR standards. Justice not only has to be done, but also it has to be seen.

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

154. Instruments of the quality of the European Commission for the Efficiency of Justice. The polls for the satisfactoriness of courts; Judicial map; Judicial experts; Access to justice in the aspect of the report of justice with media and the transparency of courts;

The role of the spokesman judge of media to the Court and the application in practice.155. The integrity of the officials of law-implementing agencies and the war against corruption. The corruption of the high

functionaries of justice and of other high state officials.

Corruption as a matter of ethics v as a criminal offence. Legal framework and international standards; Problems of the judicial practice, in relation to the investigation and the judgment of these criminal offences; Standards required in professional relations between judges and prosecutors as well as of judges/prosecutors and

lawyers.156. Leadership of directing team.

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