Judicial System

What are the peculiarities of the reform in the area of administrative disputes?

Law 49/2012 of 3 May 2012 “On the Organization and Functioning of Administrative Courts and the Judicial Review of Administrative Disputes,” which entered into force several months ago (but has not been implemented, yet), is an organic (basic) law. It lays down the principles of administrative dispute review, the rules on the organization and operation of administrative courts of all instances, the judge appointment criteria and method, court jurisdiction and competences, and the rules on how the court proceedings, including judgment enforcement, are to be conducted. With regard to its substantial provisions, I would like to underline several aspects that have caused some controversy in legal circles on grounds of not being in line with the Civil Procedure Code or even with the Civil Code. I support the argument that, while this is an organic law, there should be no incompatibilities with other laws, especially with the Civil Procedure Code.

Which is the legal framework governing recognition and enforcement of international arbitration awards in Albania?

The provisions of the Albanian Code of Civil Procedure on International Arbitration were abrogated by the law no. 8812, dated 17.05.2001. However, referring to the provisions of the Code of Civil Procedure which govern domestic arbitration, ad contrario we can conclude that: Arbitration shall be considered international if the following conditions: are NOT met cumulatively:

Introduction

The mediation institution is known in the Albanian society for its positive values and its advantages compared to other alternatives of conflict and dispute resolution. The application of alternative resolution in Albania has been a challenge and a bottom-up process, initiated by civil society actors. The process of introducing and applying ADR in Albania was started in the year 2000, supported in two main pillars: the advanced experience of west countries and in the Albanian tradition of mediation and reconciliation. The changes in the legal framework for mediation and dispute resolution in Albania, particularly the approval of the law no. 10385, dated 24.02.2011 “On Mediation in Dispute Resolution”, have positively influenced in the improvement of the business climate. The enforcement of this law in the implementation of the pilot program of ADR/Court connected mediation model in family and commercial disputes in two district courts in Albania (Durres and Korca) has demonstrated the possibilities that the law creates for increased access to alternative dispute resolution approaches in cases referred by the court and other state agencies, or in cases referred directly by the parties of by business centers.

Enforcement of the foreign judgments

In the Republic of Albania, the judgments of foreign courts are recognized and enforced, as far as they are compatible with the provisions of the Civil Procedural Code or other applicable laws, with exception of such cases which are subject to other international agreements, which are recognized from the Republic of Albania. In such a case, the provisions of the international agreement prevail.

What is the basic legal framework for debt collection?

• Civil Code, Law no. 7850, dated 29.7.1994 as as amended
• Procedural Civil Code, Law No . 8116, date 29.3.1996 as amended
• Law no. 8537dt. 18.10.1999 “On security charges” as amended
• Law no. 10031 dt. 11.12.2008 “On the private bailiff service.” as amended