Supporting effective domestic remedies and facilitating the execution of judgments in Albania
The main partners and beneficiaries of the Project are the School of Magistrates, the Ministry of Justice (Property Treatment Agency and State Advocate), the Supreme Court, the Constitutional Court and the Prosecution General’s Office.
The main aim is to improve the capacity of the judiciary to apply the European Court of Human Rights (ECtHR) case law at the national level, as well as to enable legal professionals to effectively apply remedies related to non-enforcement of national judgments closely targeting undue length of proceedings (objective 1), property compensation/restitution (objective 2), and fairness of criminal proceedings (objective 3).
The following results are expected:
- to identify shortcomings concerning the non-enforcement of national judgments/decisions and length of proceedings and to propose legislative solution;
- to strengthen capacity of the School of Magistrates to develop and implement human rights training curricula and materials in line with European human rights standards;
- to strengthen capacities of legal professionals to interpret and apply the provisions of the Article 6§1 of the ECHR.
- to ensure that requirements to render the mechanism to execute judgments in relation to compensation or restitution of property are effective and clear;
- to assess legislative measures concerning non-execution of judgments and administrative decisions in context of compensation/restitution of property;
- to improve knowledge of legal professionals on the issue of enforcement of judgments in context of compensation/restitution of property;
- to propose amendments for national criminal legislation to allow for the reopening of criminal proceedings in case of violation of the right to fair trial;
- to strengthen the capacity of the School of Magistrates to train judges and prosecutors on the reopening of criminal proceedings and fair trial;
- to strengthen the capacity of judges and prosecutors to apply the requirements of Article 6 of the ECHR and the relevant case law of the ECtHR with regards to the fairness and reopening of criminal proceedings.
Two State Advocate staff seconded to the Department for the Execution of Judgments of the European Court of Human Rights
Harmonisation of court legislation and practice with the standards imposed by the European Court of Human Rights (the Court) is a fundamental precondition for ensuring legal certainty and the overall protection of human rights in the member states. In this context, the EU-Council of Europe Action...
The Joint EU-Council of Europe Action “Supporting effective domestic remedies and facilitating the execution of the European Court of Human Rights judgements” continues to support Albanian judiciary to correctly apply of the European Court of Human Rights case law on the right to property and to...
Over 500 Albanian students have successfully completed the human rights course on application of the European Convention on Human Rights. The course was implemented during the second semester of Bachelor and Master Programme students in Tirana and Durrës law faculties (in March-April 2019). The...