Administrative law

Altina XHOXHAJ

5. 
   Joint stock companies ………………………………………… 16 classes
   

• 
  Definition and naming, instructions on acts and documents.
  
• 
  Companies with or without a public offer.
  
• 
  Assembly of share-holders, its competencies.
  
• 
  Steering bodies of the joint stock company, composition, competencies.
  
• 
  Reduction or increase of the capital.
  
• 
  Control of the joint stock companies.
  
• 
  Shares, peculiarities, their kind.
  
• 
  Subsidiaries, participatory and controlled companies.
  
• 
  Practical cases.
  

Altina XHOXHAJ, Ardiana SHEHI

6. 
   Commercial register……………………………………………….6 classes
   

• 
  Keeping records in the National Registration Office.
  
• 
  Procedure of registration.
  
• 
  Sections of the register
  
• 
  Invalidity of registrations of commercial entities.
  
• 
  Procedure and obligation.
  
• 
  Practical case
  

Florina NUNI

7. 
   Termination of companies, dissolution, mergers and divisions.
   

Invalidity of companies …… 9 classes

• 
  Termination of companies and cases of termination.
  
• 
  Possibilities of mergers and divisions.
  
• 
  Their modalities.
  
• 
  Practical cases
  

Florina NUNI

8. 
   Liquidation of companies …………………………………... 6 classes
   

• 
  Rules of liquidation
  
• 
  Termination of liquidation by an assembly decision or by a court decision.
  
• 
  Setting of the liquidator and his/her responsibilities.
  
• 
  Practical cases.
  

Florina NUNI

9. Insolvency……………………………………………………. 9 classes

• 
  Subjects of insolvency
  
• 
  Causes of insolvency
  
• 
  Role of the commercial sections in the first instance courts
  
• 
  Legal procedure of insolvency
  
• 
  Consequences of insolvency
  
• 
  Rescue of the debtor
  
• 
  EU Regulation on insolvency
  

Florina NUNI, Ardiana SHEHI

10. Tax register on commercial entities……………… 11 classes

• 
  The tax and charge system in the Republic of Albania. Main kinds of taxes and charges. Main relevant legal and by-law acts.
  
• 
  Main principles of organization and functioning of tax administration in the Republic of Albania.
  
• 
  Rights and obligations of taxpayers.
  
• 
  Relevant taxes and charges as per the kinds of taxpayers. An overview of the personal income tax for all kinds of taxpayers.
  
• 
  Avoiding of dual taxation. Agreements on avoiding dual taxation. (DTT)
  
• 
  Practical issues.
  

Ardiana SHEHI

11. Banking legislation. The Bank of Albania and central regulation of the banking system. Private banks……………………. 6 classes

• 
  Relations between the Bank of Albania and other banks.
  
• 
  Organization and leadership of the Bank of Albania.
  
• 
  Bank licensing.
  
• 
  Bank administration and leadership
  
• 
  Different banking contracts.
  
• 
  Practical issues.
  

Neritan KALLFA

12. 
    Competition……………………………………………………. 14 classes
    

• 
  The object and field of application
  
• 
  Prohibition of the competition limitation.
  
• 
  Division and prohibition of mergers.
  
• 
  Prohibition and illegal actions against consumers and other competitors
  
• 
  Economic competition directorate.
  
• 
  Sanctions
  
• 
  Competition
  
• 
  Practical issues
  

Pranvera KELLEZI

12. 
    Free topics …………………………………………………………2 classes
    

Florina NUNI

LITERATURE

1. 
   Law “On Companies”
   
2. 
   Law on the National Center of Registration.
   
3. 
   Law no 8901, dated 23.05.2002 “ On Insolvency”
   
4. 
   Comparative Approach of Insolvency, Publication of 2005
   
5. 
   Foreign contemporary literature.
   
6. 
   Summary of publications of decisions of the Supreme Court in years.
   
7. 
   Legal aspects of the banking activity, publication of year 2002, Neritan Kallfa
   
8. 
   Official bulletin of the Bank of Albania.
   
9. 
   Companies, comment on Law no 7638, (3 volumes) Baki Berberi, November 2004.
   

CONSTITUTIONAL LAW
( For the School of Magistrates)

(The Academic year 2008-2009)
1. Annual teaching volume :64 hours 45’ each

2. Weekly teaching volume: 2 hours 45’each

The academic year divided into two terms:

• 
  The first term: 16 weeks, from 01 October - 01 February
  
• 
  The second term: 16 weeks, from 04 February – 31 May
  

• 
  Other obligations
  

From 25 May – 25 June, the students should accomplish all the annual obligations such as: tests, exams, independent works, theses etc.

1. 
   The lesson exam – June
   

I. ORGANIZING STRUCTURE
Pedagogues responsible
Perikli ZAHARIA

II. LESSON PROGRAM

1. 
   The meaning of constitution: Determinative terms, the characteristics of a constitution, constitutional acts, hierarchy of law, constitutional amendments.
   
2. 
   Basis of the Constitutional law, constitutional normative, international treaties, jurisprudence, constitutional institution, interpretation of constitutional normative, well-known authors.
   
3. 
   Constitutional status and its composition, governing branches: powers in time of emergency.
   
4. 
   Constitutionalism, the consent of the governed, open society, legal state, constitutional implementation, inspecting governance by people,
   
5. 
   Power division doctrine, power division in Presidential Democracy, reciprocal inspection and balance.Powers’ interference in Parliamentarian Democracy, limiting borders.
   
6. 
   Legislative: structure; unicameralism and bicameralism
   
7. 
   Legislative organize, its meetings, the speaker, permanent commissions, party organize, parliamentary groups, type members’ types of legislative, connection with the electoral zones, the theory of obligatory mandate, the theory of independence.
   
8. 
   Legislative functions, drafting of laws, constitutional functions, electoral functions, financial functions, executive functions,Informative functions, the changeable democratic legislative.
   
9. 
   Legislative procedure,
   

types of legislation, the main stage of draft law treatment.

10. 
    The executive power; two main roles of the executive power; the State Chairman and Government Leader, the executive as State Chairman, the main types, the main functions, the division and interference.
    
11. 
    The President, as a State Chairman, election, the deadline of duty, the incompatibility, the charge against him, provisional replacement, competencies.
    
12. 
    The president, the Government leader, the President and the Prime minister, the State Chairman, The Chief of Diplomacy, the Commander in Chief, the leader pf the emergency time, the Party Leader, the Head of Parliament.
    
13. 
    The prime minister, as a State Chairman, The Prime Minister, ministers, the employment of the civil officials, the deadline and employment conditions, job relations, cabinet,
    

Government helpers, the staff of the Prime Minister, Departments, job relations, inter

ministerial relations, the, ministers and the officials, and the Prime Minister and

Coalition Governance, the executive in non-democratic systems.

14. 
    Different ways of Governance in a democracy, parliamentary and Presidential
    

democracies and some other kinds of hybrids.

15. 
    The difference between the persons of the executive and administration one; in functions, in selection and the time duration in duty; bureaucracy; formal status of administrative agencies.
    
16. 
    The art of Governing; the administration and administrators’ policy, the administrative impact over the executive and legislative policies; the administrative rules; the administrative discretion.
    
17. 
    The “Administocracy” in a democracy, the solution; the difficulty of buying conscious administrators; the verification by the selected officials; the verification by the courts, the interference by the Ombudsman.
    
18. 
    Locative governance; the bases; the members, the officials, local governance processes; the meetings; relations between a member and an official; finances of the local governance; the incomes; the expenses; the verification of the account.
    
19. 
    Constitutional issues; in accordance with the locative governance; relations between the location and central power; Prefect; standards; the European Card on local governance.
    
20. 
    Judiciary; structure; appeal; Judiciary nominations and the serving conditions; the judge selection and mandate; lawyers and judges; nomination; disciplinary measures and judge assignment; solution and revocation of judges; the judiciary immunity.
    
21. 
    The judiciary independence, the European Card on the status of judge; High Council o Justice; Legislative and Executive; official relations; the separation of judge from prosecutor; the defense of judges from public pressure.
    
22. 
    Basic systems in Justice; the plaintiff and the defendant; the specialized judiciary functions; law implementation; conflict solution; the revise of constitutionality of legislation from courts.
    
23. 
    Judicial administration,; judicial management; budgetary and administration independence of judges; the pay of the judge.
    
24. 
    The General Prosecutor position; its organization; selection; nomination and discharge of the prosecutors and others; functions, official relations with the judiciary.
    
25. 
    Constitutional Court; its composition; selection; nomination; time duration in duty; the discharge; the immunity of the Constitutional Court Members; functions and competencies of Constitutional Court.
    
26. 
    Exercise of the judicial revise of the Constitutional Court’; legitimated subjects during the process; the “case and objection”.
    
27. 
    The Supreme Court; the Constitutional Court; interconnection of their roles; competencies and possibilities.
    
28. 
    The European Court of Human Rights; Protocol nr. 11 of the Convent of the Protection e of Human Fundamental Rights.
    
29. 
    Ombudsman; selection; nomination; time duration in his duty; the role and function of the Ombudsman; his jurisdiction and competencies; Complains and inspection; Investigations on the own initiative of the Ombudsman; the parliament.
    
30. 
    International Treaties; their Status on the Albanian Internal Rights; the European Convention on Human Inner Rights in Albania; monism and dualism; the implementation of Convention by the Court .
    
31. 
    Political and civil rights; Cultural, social, and economic rights; Negative and positive State obligations; Criminal procedure, as an issue of Constitutional Law. The Implementation of Strasburg issues in the inner rights.
    
32. 
    The right for a fair trial, (article 6 of the European Convention for the protection of Human Rights, the implementation field in putting them for criminal charge, for the civil and obligation rights, guarantees, the right to go to the court, the right for a fair hearing session, the right for public hearing session and public promulgation decision, the right for a trial within a legitimate time, the right for an independent and impartial court, decided by law, the right to complain.
    

LITERATURE:

• 
  Albanian Republic Constitution
  

• 
  Albanian Republic Constitutional decisions.
  
• 
  Monographs prepared by Albanian and foreign specialists on the occasion of the Albanian Constitution draft.
  
• 
  Text book on Constitutional & Administrative law – Brian THOMSON.
  
• 
  Constitutional Law – Gunther
  
• 
  Constitutional Faith –Sanford LEVINSON
  
• 
  The rebirth of democracy (12 constitutions of central and Eastern Europe).
  
• 
  Comparative Government – Jean BLONDEL
  
• 
  The Road to Constitutionalism – A. E. Dick Howard
  
• 
  A Lawyer’s Looks at CONSTITUTION – Rex E. Lee. (Translated by the judge Petrit PLLOCI)
  
• 
  Separation of Powers: Interpretation. Outside the Courts – Louis FISHER.
  
• 
  A Lawyer’s look at Constitution.
  
• 
  Separation of Powers: Interpretation. Outside the Courts – Louis FISHER.
  
• 
  “After Communism: Devolution in Central and eastern Europe”. – A. E. Dick Howard
  
• 
  Law and practice of the European Convention on Human Rights and the European Social Charter – Donna Gomien, David Harris, Leo Zwaak.
  
• 
  Law on the European Convention on Human Rights – HARRIS & O’BOYLE & WARBRICK
  
• 
  The search for Justice – Joshua ROZENBERG (AN ANATOMY OF THE Law)
  
• 
  European chart on status of judge. – CE
  
• 
  Albanian Jurisprudence – Legal Magazine of School of Magistrates
  
• 
  “Human Rights” – Albanian Publishing Center of Human Rights
  
• 
  The Parliamentary Law and legal Policies. (Parliamentary Studying Center).
  
• 
  Legal Life – Legal Magazine – A publication of the School of Magistrates.
  
• 
  Source Book on Public International law – Tim HILLER.
  
• 
  Governing the New Europe – Jack HAYWARD & EDWARD C. PAGE
  
• 
  American Government – James Q. Wilson
  
• 
  Guide to International Human Rights Practice – Hurst HANNUM
  
• 
  The Democratic Tradition – Elmar M. HUCKO
  
• 
  The Challenge of Democracy – Janda – Berry – Goldman.
  
• 
  For an European Public Order – Selected decisions of the ECHR.
  
• 
  In Search of Demosracy – Stephen K. Mc.Dowell & Mark A. Beliles.
  

PROGRAM OF SUBJECT

“ADMINISTRATION OF COURT AND MANAGEMENT OF CASES”

(For the School of Magistrates)

(Academic Year)
(For the first year)
1. Semestral teaching load: 32 hours.

2 second semester 16 weeks 2 february – 31 may

3. weekly teaching load: 2 hours, 1 lecture and 1 seminar.

4. Examination in june
Responsible professors:

1. Vangjel KOSTA

2. Toni GOGU

1. 
   Objectives
   

Treatment of discipline of Administration of Courts and Management of Cases will aim at achieving the main goals and objectives, which are:

1. 
   Creation of clear concepts of what the courts are and why should they be seen as “in service in favor of public”.
   
2. 
   Creation of clear concepts relating to relation of magistrates with the administrative staff as a necessary cooperation relation.
   
3. 
   Creation of clear concepts related to the role of magistrates in court management and needs of cooperation with the persons using the court for its services.
   
4. 
   Preparation of magistrates able to actively participate in cases of administration of court in which they will exercise their duty.
   
5. 
   Enabling the magistrates in precise planning of necessary activities for the realization of their duties in the judiciary.
   
6. 
   other.
   

III. WAYS OF ACHIEVING THE OBJECTIVES
Objectives will be reached through the following ways:
1.Treatment of theoretical elements from the lecturer.

2. Exercise hours.

3. 
   Independent work in the form of essays, which will be guided from the lecturers.
   
4. 
   Meeting with judges, court presidents, administrative staff.
   
5. 
   Visits to courts to see court services towards the public and others.
   

STRUCTURE OF SUBJECT
TOPIC 1. General overview on court administration (6 hours)

Issues:

1 – Meaning of Court Administration

2 – Internet networks in court

Topic 2. Access in the Judicial System (6 hours)
Issues:

1. 
   Court employees and possibility of using the judiciary
   
2. 
   Social responsibilities of employees of court administration
   
3. 
   Legal assistance and its limitations
   

Topic 3. Menagement of circulation of court cases (6 hours)
Issues:

1. 
   Definition of circulation of court cases
   
2. 
   Practical management of circulation of cases
   

Topic 4. Independence and Responsibility (6 hours)
Issues:

1. 
   Ethics of behaviour
   
2. 
   Responsibility of courts
   

Topic 5. Public trust and confidence (6 hours)
Issues:

1. 
   Public opinion and courts
   
2. 
   Increase of trust at courts
   

Topic 6. Strategic planning (4 hours)
Issues:

1. 
   Strategic planning for courts
   
2. 
   Strategic planning and its efficient use by the court administrators
   

Teaching will be based on the textbook published from the School of Magistrates. In each chapter are reflected the additional reading and possibilities to use individually other sources of information.

Each professor will present preliminarily cases belonging to the relevant lessons.
V. LITERATURE
Determined in the subject textbook.
We will also use different act of the High Council of Justice and Minister of Justice to the function of court administration.

SYLLABUS OF

“CRIMINAL LAW”

(For the School of Magistrates)
(Academic year 2008 – 2009)
(for the first year)

11. 
    Annual teaching load: 192 classes
    

12. 
    Week teaching load: 6 classes of 45’ each.
    

13. 
    The academic year is divided into two semesters:
    

- First semester: 16 weeks, from the 6^th of October – 1^st of February

- Second semester: 16 weeks, from the 6^th of February – 31^st of May

14. 
    Other academic year obligations.
    

Exams, independent work, papers, theses and other related work shall be carried out from the 25^th of May until the 25^th of June.

15. 
    Final exam shall be held in June.
    

Professors who are responsible:

SKENDER KACUPI

ARBEN RAKIPI

LULEZIM LELÇAJ

“CRIMINAL LAW” is one of the most important theoretical and practical disciplines of the teaching program of the School of Magistrates.

I. OBJECTIVES
The objective of the course of Criminal Law in the School of Magistrates is to achieve the following aims and main objectives:

13. 
    Training of the magistrates to be capable to give qualitative and professional criminal judicial decisions.
    
14. 
    Qualitative and professional decisions
    
15. 
    Training of magistrates to draft court decisions containing reasonable and logically strong legal reasoning, based on the administrated evidences during the court proceeding and the legal provisions.
    
16. 
    Training of the independent judges capable to settle cases.
    
17. 
    Encouragement of students to do scientific and independent work during the school years and during their profession.
    
18. 
    Interconnection of procedural and material elements while settling criminal conflicts.
    
19. 
    Miscellaneous.
    

II. HOW TO ACHIEVE OBJECTIVES
Teaching of Criminal Law in the Albanian School of Magistrates and its objectives during the first theoretical year shall be realized through:

4. 
   Treating of new theoretical elements by the lecturer aiming at:
   

3. 
   Avoiding giving same lectures to the students as those offered in the Faculty of Law, and halting the attention to the less theoretically treated topics.
   
4. 
   Giving lectures on hot issues such as:
   

- Legal debates on disputable provisions of the criminal law

- Interpretation of new laws

- Analyses of scientific issues published in the country and abroad.

2. Exercises treated into two models:

5. 
   The first model of one class of practice shall be as follows:
   

Four or five practical cases shall at least be given to the candidates by the lecturer in every class so that they can be analyzed by the candidates.

The cases will be taken from the Albanian case law of the three instances (including the case law since 1995 onwards, regulated by Criminal Code in force, and previous case law regulated by the previous criminal codes), of the Constitutional Court, of the case law of Western Countries, practicing either Roman Law or the Common Law.

6. 
   The second model shall be as follows:
   

Students shall deal with analysis of concrete practical cases. Cases shall be disseminated by the lecturer on either in the class or before hand and students will have the possibility of participating in mock trials, playing the role of judges, prosecutors, counsel of defense for each party, or of another party in the dispute. Role-playing shall be rehearsed prior to the class (namely the decision, the pretense, speech of the defense, etc.). During the exercise classes students can be divided in two groups.
3. Independent works in the form of theses, shall be guided by the course lectors or other specialists, approved by the course lecturer depending on the theoretical and practice issues they cover.
During the second year the candidates for magistrates shall prepare full and independent theses. Theses work shall be about important topics.

The theses shall be prepared based on the case law of a certain district court during the last 1-5 years and the student shall draw his/her own conclusions, which, at the end, shall also be debated in groups.

The working process shall last for one year. Theses shall be handed over by the end of the second school year.

The best works are to be published in the school magazine, issued every academic year.

4. Organized studies of the judicial files that have passed through all court instances. The study shall be organized in groups of 4-5 candidates. Conclusions of studies shall be discussed at the end.
5. Professional meetings with judges and other professional government or non- government bodies of legal experts and lawyers so that students can see how they carry their tasks, get familiarized with their working environment and other issues.

16. 
    Study visits in the working places of magistrates, in legal information offices, court archives, lawyers’ offices so as to get a first-hand look at the law practitioners working place.
    

IV. STRUCTURE OF THE COURSE


I Criminal Law, perspectives of its development; application of contemporary criminal law.

Teaching load 46 classes

- Criminal Law in the Constitution of Albania.
- Application of the contemporary criminal law.
- Application of criminal law in time and space.
- Interpretation of the Criminal Law.
- Aim of conviction; current perspective.

II Institutes of Criminal Law

Load 62 classes

- General theory on criminal violations
- The criminal offence, kinds of criminal offences.
- Objective and subjective elements
- Action and omission
- Cause-effect relation,
- Guiltiness, its form,
- Mistakes,
- Circumstances that exclude social danger,
- Accomplice, its forms; the structural group, organized gangs, criminal activities, terrorist activities.
- Attempts, theoretical and practical issues related to it.
- Competition of criminal offences; continuous crime; organized crime.

- Alternatives of conviction. Restorative justice.

III Different figures of criminal offences

load 84 classes

- Crimes against life.
- Sexual crimes.
- Criminal offences against freedom of the individual.
- Criminal offences against moral and dignity.
- Criminal offences against marriage and family.
- Criminal offences against property.

- Criminal offences in the field of customs and taxes.

- Criminal offences in the forgery field.
- Crimes against independence and integrity.
- Criminal aspects related to the law of expression.
- Criminal aspects of the law on drugs.
- Criminal offences while exerting public functions.
- Crimes against justice.

IV Literature

- The Criminal Law, Prof. Ismet Elezi, Tirana 2005

- Commentary of the Criminal Code, Prof. Ismet Elezi. Prof. Skender Kacupi, Assoc. Prof. Maksim Haxhia , Tirana 2006
- Organized Crime, Zamir Poda, Tirana 1998
- Historical development of Criminal Legislation in Albania. Prof. Ismet Elezi, Tirana 1999
- The Criminal Code of 1929
- The Criminal Code of 1952
- The Criminal Code of 1977
- The Criminal Code of 1995
- Foreign contemporary literature.
- Summary of publications of decisions of the Supreme Court in years.
- Unified decisions of the High Court

SYLLABUS OF

“Criminal Procedure”

(For the School of Magistrates)
(Academic year 2008 – 2009)

17. 
    Annual teaching load: 192 classes
    

18. 
    Week teaching load: 6 classes of 45’ each.
    

19. 
    The academic year is divided into two semesters:
    

- First semester: 16 weeks, from the 6^th of October – 1^st of February

- Second semester: 16 weeks, from the 6^th of February – 31^st of May

20. 
    Other academic year obligations.
    

Exams, independent work, papers, theses and other related work shall be carried out from the 25^th of May until the 25^th of June.

21. 
    Final exam shall be held in June.
    

Course Professors:

1. 
   Halim ISLAMI
   
2. 
   Ilir PANDA
   
3. 
   Artan HOXHA
   
4. 
   Sander SIMONI
   

2. 
   COURSE AIMS AND OBJECTIVES
   

“Criminal Procedure Law” is conceptualized as an important discipline for the theoretical explanations and connection to practice of all procedural actions to be carried out during the investigation phase, court proceedings and execution of decisions in regards to the respect of human rights in the fight against crime and delivery of justice.

I. OBJECTIVES
The objective of the course of Criminal Procedure Law in the School of Magistrates is to achieve the following aims and main objectives:

20. 
    Training of the magistrates to be capable to deliver justice, fight criminality and respect human rights and freedoms.
    
21. 
    Training of magistrates to carry out qualitative and professional procedural actions, compliant to the procedure law requirements, fully and justifiably drafting them from the legal, logic and language viewpoints.
    
22. 
    Training of the independent judges and prosecutors with the principle of independence of the judiciary.
    
23. 
    Encouragement of independent scientific work during the theoretical part and the practical part of the course.
    
24. 
    Training of magistrates that have a correct and professionally ethic behavior.
    

II. HOW TO ACHIEVE OBJECTIVES
Teaching of Criminal Procedure Law in the Albanian School of Magistrates and its objectives during the first theoretical year shall be realized through:

1. 
   Improvement of the theoretical level of lectures by the professors. Lectures shall treat main institutions and provisions of the Criminal Procedure Code taking care to repeat things learned in the Faculty of Law as little as possible and to inter-relate theoretical and practical knowledge as much as possible. Other important issues for training of judges and prosecutors shall be treated. A special importance shall be dedicated to the following issues.
   

• 
  Treatment of criminal procedure systems, distinctions among them and implementation in Albania with the aim of establishment of the most accurate and fair vision possible for the institutes and provisions of the Criminal Procedure Code.
  
• 
  Stressing of the idea of support of criminal proceeding on principles and norms recognized by states with distinguished democratic traditions and their analysis compliant to the Albanian conditions.
  
• 
  Commenting of procedure provisions related to constitutional principles on human fundamental rights and freedoms, such as, for instance, the norms for setting and implementing security measures, control of seizure, rights of defendants, provision of the defense, and others. Connection of criminal procedure norms with the international norms shall also be examined.
  
• 
  Explanations on the place and role of the criminal proceeding subjects and relations between them, putting the stress on the independence of courts, organization and functioning of the prosecution, position of the prosecution office as a unique and centralized body, rights of the defendant, role of the defense, equality of parties and others.
  
• 
  Explanations and applications of procedure acts for the preliminary investigation acts, in particular related to the techniques of investigation, interception, infiltration and cooperation with justice, as per the amendments made to the criminal Procedure Code.
  
• 
  Judgment as the final phase of criminal proceedings; treatment of manner of collection of evidence and derivation of evidence from the party debates, submission of evidence in the court and other issues.
  
• 
  Treatment of the importance of magistrates in the criminal proceeding in the historical and actual context.
  
• 
  Professional ethics as an important element of criminal solemnity.
  

2. 
   Practical cases (seminars) on the main topics and issues. They shall be organized in the form of debates launching ideas for discussions and debates with the students.
   
3. 
   Study and discussion of the decisions of the Constitutional Court and of the High Court which serve as basis for the court practice. Encouragement of debates for certain decisions.
   
4. 
   Professional meetings with distinguished judges and prosecutors in treating specific topics and case law.
   
5. 
   Independent work in the form of topics, to be led by professors or other specialists on theoretical and practical issues. These shall be prepared during the academic year and presented at the end of the school year.
   

III. COURSE STRUCTURE

I – CRIMINAL PROCEDURE AND THE MAGISTRATES

1) The Criminal Procedure Law, reasons of a thorough study by the ones graduated in law and importance of the course; magistrate – criminal procedure relations.

2) Historical framework of relations.
3) Current framework of relations.
4) Perspectives of criminal procedure and role of magistrates

3 classes – Halim Islami
II. – SYSTEM OF CRIMINAL PROCEDURES AND OF THE CRIMINAL PROCEDURE CODE
1) Historical overview of criminal procedure.

2) Inquisitory system.

3) Accusatory system
4) Characteristics of both systems and application in the Criminal Procedure Code.

6 classes – Halim Islami

III – COMPLIANCE OF CRIMINAL PROCEDURE LEGISLATION WITH INTERATIONAL PRINCIPLES AND STANDARDS.
Work done after the year 1990 to achieve compliance.
1) Compliance with main international conventions.
2) Compliance with the European Convention on Human Rights (Articles 2,3,5,6,7,8,13) and its protocols.

6 classes – Halim Islami

IV – OVERVIEW OF CONSTITUTIONAL PROVISIONS IN THE CRIMINAL PROCEDURE CODE

1) Provisions on fundamental rights and human rights (law analysis in general).

2) Explanations of the norms of constitutional provisions which are directly criminal procedure issues.
3) Reflection of the above norms in the Criminal Procedure Code and analyses of the norms.
3 classes – Halim Islami

V – MAIN PRINCIPLES OF CRIMINAL PROCEEDINGS
1) Respect of law.
2) Court independence.
3) Presumption of innocence.

4) The right to defense.

5) Prohibition of dual trial for the same offence (non bis indem).
6) Re-establishment of rights.

7) Use of Albanian language.

8) Other principles.
12 classes – Halim Islami

VI - SUBJECTS OF PROCEEDINGS
1) The court

a- The judicial system in the Republic of Albania

b- Criminal Courts according to the Criminal Procedure Code

c- Function and composition of courts

d- Incompliance and functions of a judge

2) Prosecution
a- Constitutional position of the Constitution

b- Organization and functions.

c- Prosecutor as the body of criminal prosecution.

d- Law “On Organization and Functioning of the Prosecution Office”

3) Judicial police
a- Concept, organization and functions.

b- Explanations of relevant law on judicial police

4) The Defendant
a- Position of the defendant in a criminal proceeding

b- Main rights of the defendant

5) Counsel for the defendant

a- Rights of the counsel

b- Counsel-defendant relations

6) The one harmed from the criminal offence
a- Rights of the ones affected by the criminal offence

b- Individuals harmed by the accusation.

c- The novelty of the Criminal Procedure Code on the private accusation.

7) The civil claimant and defendant
a- Rights of the claimant.

b- Civil lawsuit in the criminal process.

c- Characteristics of trial of the lawsuit.

12 classes – Halim Islami

VII. JURISDICTION AND COMPETENCIES
1) Jurisdiction
a- Understanding of jurisdiction

b- Kinds of jurisdiction

2) Competencies
a- Competencies of matter

b- Competencies of subject

c- Competencies due to merging of related proceedings

ç- Lack of competencies

d- Disputes on competencies

dh- Merging and separation of cases

e- Case transfer


9 classes Sander Simon
VIII ACTS, NOTIFICATION AND DEADLINES
1) Acts
a- Compilation of acts.

b- Replacement of acts.

c- Acts of the prosecutor.

ç- Acts of the court.

d- Acts documenting commission of a procedure act.

dh- Translation of acts

e- Invalidity of acts
2) Notifications
a- Practical and concrete recognition with the prosecutor and court acts

3) Deadlines
a- Understanding of deadlines

b- Kinds of deadlines

c- Calculation of deadlines

d- Re-establishment of deadlines

12 classes – Sander Simoni

IX. EVIDENCE
1) Understanding of evidence
2) Object of evidence
3) Process of trial and its phases; importance of each phase.

a- Testimony

b- Summoning of the defendant

c- Confrontations

ç- Recognitions

d- Experimenting

dh- Expertise

e- Evidence

f- Documents

5) Means of searching for evidence
a- Supervision

b- Controls

c- Seizures

ç- Telephone and communication interception.

6) Indirect evidence

7) Valuation of evidence

18 classes – Sander Simoni

X. SAFETY MEASURES
1) Personal safety measures
a- Coercive measures and their kinds

- Prohibition of travels abroad.

- Obligation to be present to the judicial police.

- Prohibition and obligation to stay in a certain place.

- Material guarantee.

- House arrest.

- Temporary hospitalization in a psychiatric hospital.
b- Preventive measures

- Suspension of exertion of a task or of the public service.

- Temporary prohibition of exertion of a certain professional or business activities
2) Property safety measures.

a- Conservative seizure;

b- preventive seizure;

3) Setting of safety measures

a- Conditions on setting safety measures

b- Criteria on setting the safety measures.

c- Setting and implementation of safety measures.

4) Duration of safety measures

5. 
   Compensation for an unfair imprisonment.
   

5. 
   Revoking, replacing and ceasing of the safety measure
   

5. 
   Arrest in flagrance and detention of the suspect.
   

1. 
   Conditions on setting the safety measure
   
2. 
   Criteria on setting of measures
   
3. 
   Detention of a suspect of crime.
   

18 classes – Halim Islami

XI – PRELIMINARY INVESTIGATIONS

1. 
   Bodies charged with preliminary investigations and their competencies
   

2. 
   Information on a criminal offence.
   

3. 
   Conditions of proceeding.
   

4. 
   Activity with the judicial police initiative.
   

5. 
   Activity of the prosecutor during preliminary investigations.
   

6. 
   Assuring the evidence.
   

7. 
   Deadlines of ending investigations.
   

a- Deadline of preliminary investigations

b- Prolongation of the deadline

c- Suspension of investigations.

8. 
   End of investigations.
   

1. 
   Ceasing of the case
   
2. 
   Filing of the case to the court
   
3. 
   Filing of the case.
   

21classes –Halim Islami; Arben Rakipi
XII- TRIAL

1. 
   Preliminary actions.
   

2. 
   Judicial investigation.
   
   1. 
      Preliminary actions after opening of a court proceeding.
      
   2. 
      Collection of evidence.
      
   3. 
      New accuses.
      
   4. 
      Final discussion.
      

3. 
   Special trials.
   

1. 
   Direct trial.
   
2. 
   Expedited trial.
   

18 classes – Sander Simoni; Ilir Panda

XIII – COMPLAINTS

1. 
   Means of complaint, commonalities and differences.
   

2. 
   Complain object and subject.
   

3. 
   Filing a complaint.
   

4. 
   Trial in the appeal level.
   

5. 
   Trial at the cassation level.
   

6. 
   Review of decisions.
   

15 classes Halim Islami

XIV – EXECUTION OF DECISIONS

1. 
   Manner of execution. Role of the prosecutor in execution of decisions.
   

2. 
   Execution of kinds of decisions.
   

3. 
   Examination by the Court of cases related to execution of decisions.
   

12 classes; Halim Islami
XV – JUDICIAL STATUS

1. 
   Role of the judicial status and its functioning.
   

3 classes Sander Simoni

XVI – PROCEDURAL EXPENSES

1. 
   Kinds of procedural expenses.
   

3 classes Sander Simoni

XVII – JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

1. 
   International cooperation in the criminal field.
   

2. 
   Development of Albanian legislation in this field.
   

3. 
   Forms of cooperation with foreign authorities in criminal issues.
   

1. 
   Extradition
   

• 
  Extradition abroad.
  
• 
  Extradition to the country.
  

2. 
   International Letters Rogatory.
   

• 
  Letters Rogatory to foreign countries
  
• 
  Letters Rogatory from foreign countries.
  

3. 
   Recognition and execution of criminal decisions.
   

• 
  Execution of foreign criminal decisions in Albania.
  
• 
  Execution of Albanian criminal execution abroad.
  

15 classes Artan Hoxha
Prepared by:

Halim ISLAMI

PROGRAM OF SUBJECT “CUSTOMS AND TAXATION LAW”
(For the School of Magistrates)

(Academic Year 2008-2009)

(For the first year)

1. 
   Annual teaching load; 4 hours
   
2. 
   Weekly teaching load 2 hours with 45 minutes;
   
3. 
   Exam in June 2009.
   

Responsible professors:

1. 
   Vilma SHAROFI – Taxations and taxes in the Republic of Albania
   
2. 
   Shamet SHABANI – Customs Law
   

1. 
   OBJECTIVES
   

Customs and Taxation Law aims at achieving some modes objectives like:

1. Preparation with basic knowledge in fiscal legislation avoiding repetition of knowledge received in the faculty of law and economics.

2. Preparation of magistrates able to try with professionalism cases that have to do with fiscal disputes and argument logically based on evidence and in the fiscal legislation.

3. Intertwining of procedurial elements with the material ones in the proceedings of the administrative complaint and judicial process in fiscal cases.

2. 
   WAYS OF ACHIEVING THE OBJECTIVES
   

Realization of above objectives will be possible from:

1. Treatment of theoretical elements less known for the magistrates

- In this case we will aim at avoiding the knowledge gained in the Faculty of Law and we will broaden the knowledge of topics with interest.
2. Development of topics that have to do with institutes which are in a changing process and approximation with the EU legislation like:

-juridical discussions regarding special institutes like Representation on declaring goods in customs; administrative complaint; resolution of disputes in administrative way; customs obligation and procedures of recovering it etc.

- presentation of issues and legal vacuums which have not found solution with regard to control of good or prohibited good, preferential origin, means of protection against an administrative decision, taxation control, confiscation as restrictive measures etc.
3. theoretical taxations will intertwine with the analysis of court practises both from teh lectures and from the candidates:
the practices will be taken from the judiciary from the years 1992-2006 focusing the attention on the unified practises of the High Court and the Constitutional Court.
4. In the framework of preparation of independent work, other work will be included into the fiscal field like:

• 
  Measure of securing the lawsuit in cases of administrative disputes in the fiscal field;
  
• 
  Administrative and judicial jurisdiction in considering a customs and taxation dispute.
  
• 
  Legal conditions for the exercise of judicial and administrative complaint.
  
• 
  Legal means of defence against execution of taxation and custom obligations.
  

IV. STRUCTURE OF SUBJECT
A. Taxation and taxes in the Republic of Albania – Pacts of legal and sublegal acts in the field of taxation.

B. Customs law. Customs Code and sublegal acts deriving from it.
TAXATION LAW
Responsible professor:

1. Vilma Sharofi

Taxation and taxes in the Republic of Albania
II. ORGANIZATIVE STRUCTURE OF TAXATION LAW
Presentation of tax system in the Republic of Albania, including the basic principles of its organization and functioning, change of taxes, fulfillment of obligations etc.
III. STRUCTURE OF SUBJECT
Topic 1. Taxation Procedures in RA

• What are the taxes

• Taxation system

• Tax administration

• Procedures of administration of taxes

• Control of administration of taxes 2 hours

Topic 2. Introduction in taxation

(administration of taxes)

• Procedures of tax assessment

• Forceful collection of obligations

• Violations and administration sanctions

• Procedures of complaint

• Workshop on treated issues and a specific case on the competence regarding the complaint against a tax assessment 2 hours

Topic 3. Indirect taxations/VAT

• Taxable persons

• Provisions of goods and services, manner of taxtion

• Taxable value and taxation scale

• Administration and procedures

• Penalties

• Assessments

• Reconsiderations

• Complaint

• Time limits

• Validity of taxation assessment

Practical case: VAT and buildings 2 hours

Topic 4. Indirect taxations

• Field of application

• Relations with the customs

• Penalties

• complaint

• Workshop on above issues 2 hours

Topic 5. Direct taxations

a. Taxes on personal income

• Field of application of TPI

• Residence

. Source of taxable income

• Violations

• Penalties

b. Taxation on profits/simple taxation on profit

• Field of application

• Obligation to be paid

• Violations

• Penalties

c. Taxation on source of income

• Workshop on the above issues 2 hours

Topic 6. Taxation on small businesses

• Subjects

• Determination of obligation

Taxation police

• Knowledge on organization and competencies of taxation police

. Workshop on above issues 2 hours

Topic 7. National taxes

• Income from gambling

. Taxation and local taxes

• Field of application

• Administrative organs
Topic 8. Discussion of 3 practical cases with subject:

. Investigation of taxpayers from tax organs and sending the file for criminal prosecution, preparation and sending of the file

. Determination from the tax organs of the criminal violation and the administrative one.

. Consideration of the right to pardon from the tax organs the penalties when the tax assessment remains standing 2 hours
II. CUSTOMS LAW
Responsible professors - Shamet Shabani .

I. OBJECTIVES

Customs law aims at fulfilling modest objectives like:

• 
  Preparation with basic knowledge from the legislation in the customs field avoiding repetition of knowledge taken in the faculty of law;
  
• 
  Preparation of magistrates able to judge and solve professionally issues that have to do with customs disputes and to argument logically and judicially based on evidence and in the customs legislation;
  
• 
  Qualification and urging of scientific work in little-known field of fiscal legislation, in particular basic principles of functioning of customs system of RA; customs evaluation, origin, customs debt, customs violations and its discharge as a condition to proceed administratively and judicially.
  
• 
  Intertwining of procedural elements with the material ones in the proceedings for the administrative complaint in customs court cases.