Right to a Fair Trial
By Oltion Kaçani, Gjika & Associates Attorneys at Law
Recent developments and ongoing changes in civil and commercial relations should necessarily be reflected in legislation, in particular in the procedural legislation. Judicial procedures for adjudicating cases of every nature are important, as they must guarantee to all citizens effective access, fair trial and, within a reasonable time, independent and impartial tribunal and other guarantees stipulated by Article 6 of the European Convention on Human Rights.
In light of the above, on 03 March 2017, the Albanian Parliament adopted Law 38/2017 “On some amendments and additions to the Civil Procedure Code in the Republic of Albania”, which entered into force on 06 November 2017.
Judicial employees have expanded their powers over the actions and measures to be taken with regard to the notification of the parties aiming to conduct the judicial process within the established deadlines.
Further, adjustments to notification procedures are also performed. What is new is the provision of electronic notifications in cases where the parties have previously declared them in public registers.
Moreover, for the first time, the concept of the authorised person entitled to receive the notification in cases where the parties are unable to receive such notification, is included.
Another novelty consists of providing an expedited procedure for small-value lawsuits amounting up to approximately EUR 1,250, aiming to simplify the proceedings and reviewing such claims within a short period of time. The decisions of the Court of Appeal on such claims are not appealable.
Significant improvement has been made in the preliminary actions of the single judge and the development of the first hearing, which aims to increase the effciency of the justice system.
Furthermore, the Supreme Court has changed its mission as it will not remain as a third instance court, but rather a law court, which will unify the judicial practice.
Oltion KaçaniGGI member firm
Gjika & Associates Attorneys at Law
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Gjika & Associates, established in 2013, has over ten employees. The firm specialises in the fields of energy, oil and gas, and real estate sectors, as well as M&A related to power projects.
Oltion Kaçani joined Gjika & Associates Attorneys at Law as a senior associate in January 2018. He graduated Faculty of Law at Tirana University, and holds a MS in civil and commercial law. He has been a member of the Albanian National Bar Association since November 2012. He has experience in consulting and due diligence, and has been regularly involved in drafting contracts and advising clients in relation to corporate and business law, real estate, public procurement and concession law, energy and natural resources, etc.
Published: Litigation & Dispute Resolution Newsletter, No. 11, Autumn 2019 l Photo: sforzza - stock.adobe.com