Administrative law

I. ORGANIZATIONAL STRUCTURE

Professors who are responsible:

1. 
   Florina Tegu (Nuni)
   
2. 
   Genc Boga
   
3. 
   Altina Xhoxhaj
   
4. 
   Adriana Shehi
   
5. 
   Neritan Kallfa
   

Pranvera Kellezi is invited for the topic of competition from the University of Geneva.

Commercial Law is an indispensable discipline of a particular importance for the teaching, theoretical and practical programme of the School of Magistrates.

I. AIMS AND OBJECTIVES
Main objectives of the course are:

9. 
   Providing future magistrates with a sound theoretical and practical base of commercial cases, rendering them capable of issuing civil and commercial court decisions.
   
10. 
    Encouragement of the scientific and independent work of magistrates at school and during the years they exercise their profession.
    
11. 
    Training of magistrates to draft court decisions containing reasonable and logically strong commercial reasoning, based on the evidence administered during the process and legal provisions.
    
12. 
    Education on the importance of honest and reliable judges and prosecutors.
    

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

• 
  Treatment of new theoretical elements by the lecturer aiming at: 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. Giving lectures on hot issues such as, legal debates on disputable provisions of the commercial law, interpretation of new laws, treatment of issues that have not been resolved due to the gap in the commercial legislation, and analyses of scientific issues published in the country and abroad.
  

• 
  Practical case classes: which shall cover an important share of the teaching process. These classes consist in analysis of practical cases by the courts, helping the students be prepared as much as possible about real-life situations. These classes shall be realized according to two main models:
  

:

3. 
   The first model of one class of practice shall be as follows:
   

Four or five practical cases shall at least be given to the students by the lecturer in every class so that they can dwell on their analysis.

The cases will be taken from the Albanian case law of the three instances, of the Constitutional Court, of the case law of Western Countries.

4. 
   The second model shall be as follows:
   

Students shall analyze concrete practical cases. Cases shall be disseminated by the lecturer during 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 (containing namely the decision, the pretense, speech of the defense, etc.). During the exercise classes students can be divided in two groups.

• 
  Independent work, which shall consist in topics to be treated from magistrates for important theoretical and practical issues such as conflict of share-holders in a company, mergers and divisions of companies, cases of insolvency of legal persons and others.
  

• 
  Organized study of court files, particularly of files that have passes through all the trial levels. The study will be made in groups composed of 4-5 candidates. Conclusions derived from the candidates shall be studied in the practical classes.
  

IV. STRUCTURE OF THE COURSE

1. 
   Introduction in the commercial law 3 classes
   
   • 
     Historical Development of the Commercial Law
     
   • 
     Understanding of the notion of the businessman and his characteristics.
     
   • 
     Practical issues.
     

Altina XHOXHAJ

2. 
   Companies and their characteristics ……………………… 9 classes
   

• 
  Definition of the company and its characteristics.
  
• 
  Division of companies and main characteristics of each division.
  
• 
  Legal personality and acts for companies undergoing the establishment procedure.
  
• 
  Invalid company cases.
  
• 
  Practical cases.
  

Genc BOGA.

3. 
   Simple companies, collective companies and limited companies …………………… 9 classes
   

• 
  Main characteristics of simple companies as joint ventures. Change from a joint venture into an entity.
  
• 
  Registration of simple companies in the National Registration Center.
  
• 
  Organization and functioning of the simple company as per the “corporate governance” principles.
  
• 
  Responsibility of parties in the contract of a simple company.
  
• 
  Practical cases.
  
• 
  Main characteristics of collective and limited companies.
  
• 
  Responsibility of share holders in each of these types of companies.
  
• 
  Administrators and their functions.
  
• 
  Transfer of the fundamental capital parts.
  
• 
  Practical cases.
  

Ardiana SHEHI

4. 
   Limited liability companies ltd……………………… 12 classes
   

• 
  Definition and naming, instructions on acts and documents.
  
• 
  Contributions in nature and money.
  
• 
  Administration of the company, rights and tasks of the administrator.
  
• 
  Transfer of the capital and inheritance from the share-holders to their parties.
  
• 
  The only share-holder.
  
• 
  Reduction and augmentation of the capital.
  
• 
  Transformation of companies.
  
• 
  Accountant experts.
  
• 
  Practical cases