HFII - Supporting enforcement of judicial decisions and facilitating execution of ECtHR judgments in Albania

The action aims at assisting the Albanian authorities to efficiently and timely enforce domestic judicial decisions and execute judgments of the European Court of Human Rights. Particular focus is given to cases concerning the applicants’ rights to peaceful possession of property.

The Action is a direct follow-up to Action “Supporting effective domestic remedies and facilitating the execution of judgments in Albania”.

The main partners and beneficiaries are State Advocate, Agency for the Treatment of Property, State Agency of Cadaster, Constitutional Court, High Court, School of Magistrates, School of Advocacy and Faculty of Law of the University of Tirana.

This support will focus on:

Supporting effective remedies for the enforcement of final domestic decisions
Monitoring the implementation of the newly introduced legal provisions on execution of the judgments of the European Court of Human Rights
Monitoring the implementation of the Law no. 133/2015 on the Treatment of Property and Finalisation of the Process of Compensation of Property
Institutional support to the recently created State Cadastre Agency
Harmonisation of judicial practice in the field of property rights

Project information

Duration: 36 months (24 May 2019 – 23 May 2022)
Place/ country: Albania
Budget: 700 000 €
Funding: European Union/Council of Europe Horizontal Facility for the Western Balkans and Turkey

Project documentation

Project Summary

Useful links

Publications

Informative brochure: Registration of property and finalisation of transitional ownership processes ALB
Commentary to the Law 20/20 on the finalisation of the transitional ownership processes ALB
Informative helpline (flyer) ALB
Selection of decisions of the High Court 2016-2021 ALB
History of the High Court of the Republic of Albania ENG/ALB

Back Enhancing the State Advocates’ capacities in implementing the ECtHR judgments

@ Council of Europe

35 state advocates from central and regional offices of Tirana, Durrës and Korçë were part of the capacity building event on the implementation of European Court of Human Rights's (ECtHR) judgments and property rights that took place on 27-28 May, in Pogradec. The training organised in the context of the European Union and Council of Europe joint action ”Supporting enforcement of judicial decisions and facilitating execution of ECtHR judgments in Albania (D-REX)”, aimed to actively engage the staff of the State’s Advocate and representatives from its regional offices to discuss and learn more about the main challenges and related efforts for an efficient implementation of individual and general measures imposed by the ECtHR in its judgements on Albania.

Steered by the General State’s Advocate, Odise Moçka, with the support of two distinguished lecturers from the Faculty of Law of Tirana University, stimulating discussions focused on several ECtHR judgments such as Beshiri v. Albania, Strazimiri v. Albania, Kola and Bara v. Albania, as well as key legislation, highlighting the specific role of the State’s Advocate in relation to property registration and finalisation of transitional ownership processes.

The State Advocate is one of the main beneficiaries and partners of D-REX action. Despite legal counselling, representation and advisory role, the State Advocate exercises the function the Albanian Government’s Agent at the European Court of Human Rights. Thus, its role is paramount in the execution of the judgments as well as coordinating and reporting on implementation of ECtHR recommendations with all Albanian institutions. During 2021, the ECtHR dealt with 224 applications concerning Albania, delivering 3 judgments, 2 of which found at least one violation of the European Convention on Human Rights.

D-REX Action is part of the European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”, that enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy in compliance with the European standards.

POGRADEC 27-28 MAY