Administrative law

THE INTERNATIONAL PRIVATE LAW

( For the School of Magistrates)

(The Academic year 2008-2009)
1. Teaching volume of a semester:32 hours

2. Weekly teaching volume: 2 hours 45’eachin 5 working days

3. The first term:16 weeks, from 01 October - 01 February

4. From 1st of February2007- 5th of February 2007, the students should accomplish all the annual obligations such as: tests, exams, independent works, theses etc.

5. The lesson exam – February 2008

6. Pedagogues responsible

1. 
   Dr. Arta MANDRO- Marriage, its juridical qualification and property, personal relations between the spouses, the adoption.
   
2. 
   2. L.L.M.Ardian KALIA- Civil judicial jurisdiction. The implementation of the foreign law. The presentation of decision of foreign Courts. The real rights and obligations in international private law.
   

Parallel to the pedagogues who will do the full course of this subject, in specific issues other specialists, both Albanians and foreigners, may be activated .It will give an effect to the theoretic level improvement of the students of the School of Magistrates, in the field of International Private Law.

II. OBJECTIVES
The subject “International Private Law”, is one of the most important disciplines of the law, which is taught in the School of Magistrates, on the frame of the theoretic teaching program, the aim of which is the fulfillment of the main objectives consisting in:

1. Preparing capable Magistrates to bring out and give solution to the complicated judicial conflicts, evidenced differently as issues of disagreements with strange (unknown) elements.

2. Deepening of theoretic knowledge, during the study of the International private law in the annual course, developed in the Faculty of Justice.

3. Stimulating independent scientific work in relation with other institutes of International Private Law, alternately with what they have profited by the theory of this discipline, with typical practical issues of Albanian courts.

II. WAYS OF ASHIEVING OBJECTIVES
The study of the International Private Law in the School of Magistrates, as well as the fulfillment of the objectives above mentioned, should be realized by:

4. 
   Treating the lectures by the lecturer, aiming at:
   

2. 
   Deepening the knowledge got during the study of this discipline in the Faculty of Justice. This should be realized by avoiding the treatment of the theories got before and especially dwelling on many important situations dealing the IPL, which will influence in the theoretic formation of the Magistrates.
   
3. 
   Lectures with themes by the actuality like these should be treated:
   

• 
  Regarding the issues during the judicial practices from the ratification of the Convention or other acts.
  
• 
  Regarding the practical implementation of the family legislation, especially those issues regarding the marriage with foreigners, the property personal relations between the spouses, as well as the relations between parent and child.
  
• 
  Regarding the juridical gaps of the Albanian legislation, which are evident to this discipline.
  
• 
  Juridical debates regarding different issues during the practice.
  
• 
  Giving 3 or 4 Albanian and foreign judicial issues during the course.
  
• 
  Interactive methods should be essential for every lesson hour, as the most successive way for achieving the objectives
  

5. 
   DEVELOPMENT OF INDIPENDENT SCIENTIFIC WORK
   

This is one of the main ways for the achievement of the aims and objectives of this subject (IPL). It should be realized through making different scientific theses regarding important institutes of the IPL such as:

-Judicial and property immunity of state

- Legal and testamentary inheritance

- Family law

- Obligation and real law etc

The preparation of theses are scientific research in itself, they are led by lecturers and other specialists of IPL, trying to do more scientific research especially in these fields which are connected with practices in Albanian Courts.

6. 
   Professional meetings: with judges, other juridical professional organisms, specialists of IPL, aiming at not only at deepening the theoretical knowledge regarding this discipline, but also at practical preparation of the new coming magistrates in this field.
   

SUBJECT STRUCTURE

1. 
   JURISDICTION AIM
   

1. 
   Objectives this teaching subject aims at.
   
2. 
   General knowledge
   
3. 
   Jurisdiction dimension(size)
   
4. 
   Jurisdictional immunity
   
5. 
   Consular immunity
   
6. 
   Jurisdiction to diplomatic and consular mission (Albanian legislation)
   
7. 
   State immunity. Basic principles of foreign state immunity. Justification of the limited immunity
   

Exercises and practices.

(4 hours Ardian Kalia)
II BASES OF JURISDICTION

1. 
   Teaching subjects objectives
   
2. 
   Bases of Jurisdiction
   

2. 
   Consent of pairs
   
3. 
   Living place. Presence of the defendant
   
4. 
   Essential relation. Special jurisdiction
   

3. 
   EU Regulation for the jurisdiction, implementation and presentation of civil and criminal judicial cases. Council Regulation (CR), Nr. 44/2001of 22 December 2000
   
4. 
   Living place. The presence
   
5. 
   Individuals
   

Exercises and practices

(4 hours Ardian Kalia)
III. JURISDICTION ACCEPTANCE AND NON-ACCEPTANCE

1. 
   Objectives
   
2. 
   Jurisdiction acceptance or non-acceptance
   
3. 
   Trial in the absence
   

• 
  EU regulation for the jurisdiction, implementation and presentation of civil and commercial cases.
  

Council Regulation (EC). Nr 44/2001, 22 December 2000.

4. 
   Improper Judicial authority
   
5. 
   Parallel judicial trials (Albanian civil procedural legislation)
   

Exercises

(4 hours. Ardian Kalia)
IV. PRESENTATION OF JUDICIAL FOREIGN DECISIONS
4.1 Objectives

4.2 The execution of foreign judicial decisions

4.3. Conditions of presence and implementation

Civil procedure Code of Republic of Albania. The presentation of the decisions of foreign states courts.

• 
  EU Regulation for the jurisdiction , implementation, and presentation of civil and commercial cases
  

EU Regulation (EU) Nr 44/2—1, 22 December 2000
4.4 Last decision

4.5 Judicial cases failing to be implemented. The exception of the foreign public law.

4.6 Procedural and basic principles. Natural Justice
4.7 Public policy

• 
  Exercises and practice
  

(4 hours Ardian Kalia)
V. CASES WHEN THE FOREIGN LAW SHOULD BE EXECUTED.

0. 
   Objectives
   
1. 
   Cases the Court is available for the foreign law execution
   
2. 
   The difference between procedural and material part.
   
3. 
   The exception of foreign law
   

• 
  Exercises and practices
  

(2 hours Ardian Kalia)
VI. THE EXECUTION OF FOREIGN LAW
6.1 Objectives

6.2 Execution of foreign law

6.3 The identification of relation criteria.

• 
  Exercises and practices
  

(4 hours. Ardian Kalia)
VII. THE SELECTION OF APPLIED LAW REGARDING PROPERTY AND OBLIGATION.
7.1 Objectives

7.2 The solution of legal conflict regarding the property law

7.3 The way of winning the property.

7.4 Real rights on chattels

7.5 General notions regarding conflict of laws, in the field of contractor and out-contractor obligations

• 
  The autonomic criteria of will of the contractual pairs
  
• 
  Contract of work
  
• 
  Contract of territorial transport in IPL
  
• 
  Contract of sale
  
• 
  Out -contractual obligations
  

Exercises

(4 hours Ardian Kalia)
VIII. SELECTION OF FOREIGN LAW IN INHERRITANCE AND FAMILY LAW.

1. 
   Objectives
   
2. 
   Marriage and its juridical qualification, conditions of marriage, on the frame of the Hague Convention on IHL.
   
3. 
   Unavailability and marriage solution. The selection of the law regarding marriage relations.
   
4. 
   Relations between parent and child, based on the IPL
   
5. 
   Legal and testimonial inheritance based on IPL
   
6. 
   Testimonial inheritance, its form and content, the ability to make and revoke the testimony.
   
7. 
   The profit of inherited property.
   
8. 
   Exercises and practices
   

(4 hours, Arta Mandro)
LITERATURE

1. 
   Law 3920, date 21.11 1964 “On foreigners’ civil right in Albania”.
   
2. 
   Civil Code of the Republic of Albania.01.11.1994
   
3. 
   Civil Procedure Code of the Republic of Albania , 01.06.1996
   
4. 
   Constitution of the Republic of Albania, 28.11.1998
   
5. 
   SAVIGNY, “The System of Roman
   
6. 
   DIENA, Real law, analyzed on the view of IPL
   
7. 
   VENTURNI, “Real and IP Law
   
8. 
   BALLADORE E PALLIERI, “Job International Law”, III Edition
   
9. 
   QUADRI, “Basic issues of the Job International Law”
   
10. 
    The decree nr. 7407, date 31.07.1990, “On the economic activity of Albanian juridical entity with the participation of the foreign assets.
    
11. 
    Decree nr. 7407 date 31.07. 1990, on, “The economic activity of the Albanian legal entity with the participation of foreign capital”.
    
12. 
    12. Law 7512 on “The authorization and defense of the private property and free initiatives”.
    
13. 
    KUDRET CELA, ‘The right of work”.
    
14. 
    Law 7594 on “The foreign investments in Albania”.
    
15. 
    MARIANA SEMINI. “Contract of sale”.
    
16. 
    MARIANA SEMINI, ‘Obligation Law, Vol. I, II.
    
17. 
    BARTIN, “General principles of private law according the law of French Jurisprudence”.
    
18. 
    Castel and Walker, Canadian conflict of laws 5^th ed (Toronto: Butterworths’, 2002)
    
19. 
    Collins, Dicey and Morris on the Conflict of Laws 13^th –ed (London Swett & Maxwell, 2000.
    
20. 
    Montanari and narcissi, Conflict of laws Italy: the text and an English translation of Italian law No. 218 of may 31, 1995 (The Hague, Boston, Kluver International, 1997)
    

PROGRAM OF SUBJECT

“LABOR LAW AND SOCIAL INSURANCE LAW”

1. 
   Annual teaching load: 64 teaching hours
   
2. 
   Weekly teaching load: 2 teaching hours with 45 minuta
   
3. 
   Academic year divided into two semesters:
   

• 
  First semester 16 weeks 6 October – 1 February
  
• 
  Second semester 16 weeks 2 February – 31 May
  

4. 
   Examinatin in June.
   

I. ORGANIZATIVE STRUCTURE

Responsible professors

Mirela SELITA
II. AIMS AND OBJECTIVES

“Labor Law” is divided into two parts:

First part: Individual labor law

Second part: Collective labor law
III. STRUCTURE OF LAW
Individual Labor Law
Topic 1 – Labor law sources
- Constitution, International Conventions ratified from the Republic of Albania, laws, sublegal acts, (decisions of the Council of Ministers – VKM) labor collective agreement, individual labor contracts, internal regulations, professional and local customs.
- Role of jurisprudence and doctrine.
- Labor law, public or private law? Imperative character of some legal basis (n.11 par.4 PC). Goal is: students become familiar with sources of labor law, hierarchy among different norms and character of labor law. Students will be distributed the textbook “Legal Texts”. This file contains:
- Laws: Labor Code (1995, 1996), on the labor inspectorate (1995), on stimulating of employments (1995), Status of Civil Servant (1999), On the status of armed forces of the Republic of Albania (1991), on the organization of judicial power in the Republic of Albania (1998, 1999).

• 
  VKM: On special labor contracts (learning the profession, commercial agent, home labor) on protection of juveniles, protection of pregnant women and on regulating the working hours and breaks according to professions and special labor places.
  

Topic 2 Field of application of Labor Code and of laws like Status of Civil Servant (1999), on status of the armed forces in the Republic of Albania (1991), on the organization of judicial power in the Republic of Albania (1998,1999)

Students should understand when to use a law and when to use another. Stress is placed on the application field of the Labor Code (N.3-n.7) and principle of subsidiarity. This topic will be accompanied by examples, taken from the practice so as the students understand better the distinction between different laws.

Students will work on the second textbook “practical cases”.

Case I. It would be advisable to distribute the text to the students several weeks before the start of the course. Thus, there could be discussions in class on practical cases.

Topic 3 Labor Code

Definition of labor individual contract (chapterV, n.12 – n 21 KP and VKM on special labor contracts)

Creation of individual labor relations, four constituting elements of labor contract, distinctions with other service contracts, special contracts, form of contract.

Validity, sanctions in public law, drafting the structure of a labor contract that will be filled in during the week.

Students should have read case 2 in textbook 2 «practical cases” . In class other examples will be analysed, from other professions like that of a lawyer, doctor, architect etc.
Topic 4 Obligations and responsibility of employer (chapter VI, n. 22 – n. 31)

• 
  Obligation of conviction. Balancing of interests between the obligation of conviction and respect for the personality of the employer. Distinction between giving the instructions and change of contract. Students will discuss and resolve three special practical cases.
  
• 
  Tranfer of work place.
  
• 
  Instructions on presentation, clothing and appearance of employer.
  
• 
  Obligation of care and required level.
  
• 
  Obligation of accountability.
  
• 
  Obligation of loyalty.
  
• 
  Ending the competition.
  
• 
  Responsibility of employer, elements of it, precise calculation of damage and damages. Students will have prepared case 3 from textbook 2.
  

Obligations of employer (chapter VII, n.32-37)

Protection of personality, damages, certificate and its correction.
Topic 6 duration of work (n.76 – n. 91 dhe VKM-te)

Work schedule, overtime work, calculation of overtime workhours. Students should have read cases 3 and 4 of the textbook “practical cases”.

Topic 7 annual holidays (nr.9)

Duration of annual holidays, precise calculation, prescription. Students should have read case 5, textbook II “practical cases”.

Topic 8 Payment (chapter XI, n.109-n.134)

• 
  Definition, extras and damages, value
  
• 
  Minimum salary
  
• 
  Payment, compensation, fine
  
• 
  Refusal to employ (debtor delay)
  
• 
  Payment during the absence of employee (illnesses, accidents, children care. Performance of legal obligation)
  

Students should prepare cases 6,7,8.
Topic 9 Termination, extras and reward, value

• 
  Presentation of problems, chapter XIV, legal terminology.
  

Students will be distributed the III textbook “Termination of Labor Relations”
Topic 10 Duration of contract (n.140)

• 
  Distinction between indetermined and determined duration. Different examples. Case 15.
  
• 
  Indetermined duration contract.
  

Topic 11 Duration of probation (n.142)

• 
  Duration of probation, terms of notification, principle of good faith, procedure. Case 10.
  

Topic 12 notification terms after the probation (n.143)

• 
  Duration of terms, notification, validity of solution, obligation of parties, removal from work, salary, sanction. Practical case 11.
  

Topic 13 Procedure of removal from work

Minimum terms, form, notification, principle of good faith, suspension, validity, sanction, coordination n.144 and n.129. Example. Practical case 12.

Topic 14 Abusive dissolution of contract (n.146)

Analysis during abusive motives foreseen by law, burden of proof, calculation of damages, practical case 13.

Topic 15 Dissolution of contract (n.147)

Proper conditions, invalidity of solution, suspension of term of notification. Exercises on calculation of term of notification.

Topic 16 Immediate dissolution of contract (n.153-n.156)

• 
  Unjustified dissolution and procedure
  
• 
  Justifying motive (reasonable causes) n. 153
  
• 
  Justified dissolution, n.154. possible damages.
  
• 
  Unjustified dissolution, n.155.
  
• 
  Damages according to article 155, p 1 and 2. precise conditions for damages. Sanction of article 155, p 3, calculation of second damage.
  
• 
  Unjustified dissolution and in an unsuitable time. Case 14.
  
• 
  Unjustified and abusive dissolution at the same time.
  

Students should prepare practical cases of chapter XI.
Topic 17 Dissolution of contract during the transfer of workplace

• 
  Distinction between being put at disposition and transfer of workplace. Invalidity of dissolution. Transfer of rights. Practical case 9.
  

Topic 18 particular case of transfer of workplace.

Review of problems of transfer of workplace in the viewpoint of contract dissolution according to article 23 and 146 of C.C.

Topic 19 Summary

Solution of a complex exercise in order for the students to analyse all the aspects of the final problem of the undetermined contract as well as the coordination of articles of chapter XIV. Definite duration contract.

Tema 20 Termination (n.149)

• 
  Without preliminary dissolution
  
• 
  With preliminary dissolution (immediate solution)
  
• 
  Maximum contract
  

Probation time, terms of notification, silent duration, coordination of article 149 and articles 153, 155. Calculation of two damages.
Topic 21 Sanctions (chapter n.201, 202, 203)

Analysis of different sanctions, prescription terms, case 29, examples.

Topic 22 Law on status of civil servant

Difference between law of public work and law of private work, coordination between code of labor and law on status of civil servant. Classification of civil servant. Acceptance, probation time. Transfer of duty, salary, duties and responsibilities, disciplinary measures. Applicable articles of Labor Code. Damages. Procedure before the commission of civil service and before the court.

Topic 23 On the status of the armed forces of the Republic of Albania.

Difference between the Law of Public Work and Law of Private Work. Coordination between the Labor Code and law on the status of armed forces of the Republic of Albania. Status of armed forces, rights and obligations, salary. Applicable articles of labor code. Procedure. Law on organization of judiciary.

Topic 24 On the organization of the judiciary in the Republic of Albania

Coordination between Code of Labor and law on the organization of judiciary in the Republic of Albania. Status of judges, acceptance, rights and obligations, salary and removal from office.

Second part: Labor Collective Law

During these hours the students will get to know the chapter XV of Labor Code and namely the collective agreements, professional organizations and collective conflicts of labor, as well as law on the right to strike.

III. SOCIAL INSURANCE
Responsible Professor:

Mirela Selita

Subject “SOCIAL INSURANCE LAW“ is one of the disciplines in the framework of labor law subject
I. OBJECTIVES
1. Get to know the object and sources of the law of social and health insurance. Evolution of this law, characteristics and general principles.

2. Have knowledge on health and social insurance as one of the components of the social welfare state. Social protection and its components like health care, social assistance and health and social insurance.

3. Should know what the health and social insurance, a general historical overview in Albania. Legal harmonious in the field social insurance, ILO, Council of Europe and European Community.

4. Should know the scheme of obligatory social insurance. Obligation for insurance of each employed according to a work contract as well as edhe te vetepunesuarit e punedhenesit nga momenti i regjistrimit.

5. Should know the scheme of supplementary insurance, according to employment in the private or public sector. Obligatory supplementary insurance in the public sector.
6. Should have knowledge about the voluntary insurance, a possibility for those who are not included in the obligatory scheme of social insurance. Voluntary insurance contract.
7. should have assimilated the institute of prescription of the right to benefitting from the social insurance schmeme.
8. should have general knowledge and specific one on the right of administrative complaint towards the social insurance decisions.

II. ACHIEVING THE OBJECTIVES
- Power Point lectures

- Lecture cycle “Health and Social Insurance Law”.

- Practical cases of the administrative complaint.

- Practical cases of the process of judicial complaint.

- Confrontation for every case with the law on social insurance. The goal is to gain practical abilities for all possible situations that could happen tomorrow in reality.

- Work in groups, determination of questions in groups, similarities and distinctions for specific topics. Assigning a relator and an opponent for each group, time of preparation, clarity in expressing the opinions, logical arguments and use of legal basis for support, Argumenting abilities and debating abilities.

STRUCTURE OF SUBJECT
Topic 1 (4 hours)

Law of health and social insurance. General overview in albania, europe etc.

Topic 2 (2 hours)

Social insurance and their place in the social programs. General overview.