Administrative law

I. STRUCTURE

Customs Law

(Customs law and sublegal acts issued for its application).
Topic I. General knowledge on Customs Law
Lesson 1.

Customs law as part of the general law, meaning of notion; sources of customs law; relations between customs law, administrative law and labor law;

Lecture/discussion 2 hours
Topic II. Customs Procedures and Regimes.
Lesson 1 hour 2.

Applicable provisions for goods entering and exiting from and to the customs territory; customs violations during procedures and customs regimes. representation;

Lecture,/Discussion; 1+1 hours ( 2 hours)
Lecture 2.

Declaration of goods, types of declaration, act of declaration and other acts as evidence, their evaluation, moment of arising of the obligation, customs violations regarding fake declaration;

Practical lecture (case) 2 hours
Topic III. Legal basis on which are applied import obligations;
Lecture 1.

Legal provisions on customs tariffs and tariff classification; Free Trade Agreement and Origin of Goods; legal conditions in applying the 6 methods in determining the customs goods; customs violations in the field of applying the customs value and free trade agreement;

Lecture/discussion; 1+1 hour ( 2 hours)
Lecture 2

Application of methods of customs assessment, acts having the quality of evidence in the process of customs assessment.

Practical lecture (case) 2hours
Topic IV. Customs Debt.
Lecture 1.

Clarification of norms of customs law regarding the basis of arising and extinguishing the customs debt; meaning of executive title; the customs administrative decision and its execution through obligatory measures like sequestration and confiscation;

Lecture, discussion; 1+1 hours ( 2 hours)

Topic V.
Lecture 1.

Meaning of legal provisions that have to do with customs violations, contravention and contraband, civil lawsuit in a criminal trial (for cases of smuggling). Clarification of provisions of customs code on smuggling. Administrative complaint, forms of administrative complaint against acts of customs administration and legal conditions.

Lecture, discussion; 1+1 hours (2 hours)
Lecture 2.
Administrative proceedings in customs violations, contravention and smuggling.
Practical lesson (case) 2 hours

Literature

1. 
   Customs law (Paperwork in customs field);
   
2. 
   Agreement “On application of article VII of GATT (OBT), April 1997
   
3. 
   Agreement of Rule of Origin, Final document of the commercial negotiations of Uruguay 1986-1994.
   
4. 
   International acts in customs field (publication of 2005);
   
5. 
   Results of Round talks of Uruguay for multilateral trade negotiations. (legal texts).
   
6. 
   Criminal Code;
   
7. 
   Kyoto Convention;
   
8. 
   Denomination of goods and explanatory notes
   
9. 
   Law “On Financial Criminal Law“ version; BGBI. NR. 1045/1994 ;
   
10. 
    Community Customs Code
    
11. 
    Taxation legislation in the Republic of Albania (summary of legal and sublegal acts in the field of taxation).
    

THE EUROPEAN LAW AND THE INSTITUTIONS
( For the School of Magistrates)

(The Academic year 2008-2009)

1. 
   The annual teaching volume:64 hours 45’ each
   
2. 
   The weekly teaching volume: 2 hours 45’each
   
3. 
   The academic year divided into two terms:
   

The first term: 16 weeks, from 01 October - 31 February

The second term: 16 weeks, from 04 February – 31 May

4. 
   Other obligations
   

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

5. 
   The lesson exam – June
   

Pedagoues responsible
1.Xhezair Zaganjori

2. Dajena Kumbaro

3. Alion Cenolli
A. INTRODUCTION

1. 
   The States’ Europe
   
2. 
   Why is the European Integration needed?
   
3. 
   The theories and doctrines of the European Integration.
   

B. The Initial forms of European Integration.
2.1 Military Alliances (NATO, BEP, KEM) and the Warsaw Treaty.

2.2. Economic and Technologic Cooperation.

2.3 Political Cooperation in the Defense of Human Rights.

CHAPTER II

INSTITUTIONAL LAW

1. 
   Institutional and general aspects
   

1. 
   General Aspects of European Community (CE) and European Union (EU)
   

-The historic development :From the three treaties to the European Community, the nature and effects of the Communitarian Law, the aim and the revocation of Roma Treaty, Juridical personalities of Community, Residences of Institutions and the linguistic system, the Structure of Maastricht Treaty, the lack of Juridical Personalities of EC.

2. The Inter-Governmental Conference(IGC), Amsterdam Treaty

• 
  The Second pillar (The Insurance, External Common Policy (IECP)– according to Amsterdam and Maastricht Treaties
  
• 
  The Third pillar (Cooperation in Juridical Fields Internal Affairs, according to Maastricht and Amsterdam Treaties.
  

2. 
   Institutional Structure
   

1. 
   EC Institutions
   

- European Parliament

- Council of Ministers

- Council of Europe

- Commission

- European Court of Justice

- The First Instance Court

CHAPTER II

NORMATIVE SYSTEM

A. The drafting process of Communitarian law, its nature and effect

1. 
   Legal instruments and the procedures of decision – making
   

- Regulations, directives, decisions, implementation and coming into force , acts, “Sui generic”etc

• 
  Consultation, cooperation, decision-making, and the conciliation.
  

1. 
   The relations between the internal law of country members and Community Law.
   

• 
  Legal order of community, direct effect and the priority of:
  

. a) provisions and treaty

b) regulations

c) directives
B. Juridical defense

1. 
   The lawsuit against the treaty violation.
   

- The procedure and its function- The way of the state member protection.

2. The annulment lawsuit
- The aim and its function – the review and re-examination of acts – Locus Standi- the deadlines
2.1. The lawsuit for annulment and the private plaintiff
- Re-examined acts- the direct and individual connections,- special cases: anti dumping. Competition. State assistance
3. The lawsuit failure to act
- Re-examined acts- the unacceptability – Locus Standi - the deadlines
4. The lawsuit and the illegitimacy
- The aim- acts which can be sued- the forum (the court) and the deadline – the parts allowed to bring the lawsuit of illegitimacy
5. Temporary measures
6. Action for damage investigation

7.The procedure for preliminary decisions

CHAPTER III

MATERIAL LAW

1. 
   General aspects.
   

2. 
   Introduction
   
3. 
   Common Trade
   

• 
  Economic integration types.- the realize of Common Trade
  

4. 
   General principles
   

• 
  non- discrimination - proportionality- subsidiary
  

B. Free movement of goods
1. Quantitative limitations and the same effect measure with quantitative limitations

a. rules (article 28)

b. Exceptions (article 30, obligated requests)

2. Limitations of tariff character – customary obligations and the measures of the same effect.

C. Free movement of employees.
- Entries, free movement of the employees, sojourn, public policy, reciprocal recognition of diplomas
2. Freedom of residence

4. 
   Free movement of services, assessments and payments.
   

1. 
   Free movement of services.
   
2. 
   Free movement of assessments and payments
   

4. 
   Competition
   

1. 
   General aspects
   

Article 81, 82, implementation and procedures, regulation 17 (the application of article 81, 820 regulation 1/2003

2. 
   Concentrations
   

- article 85, the abuse of dominant position

- article 86, inspections of the joined enterprises.

3. 
   Public enterprises and the state assistance.
   

1. 
   Public enterprises
   
2. 
   State assistance
   

CHAPTER IV

EXTERNIAL RELATIONS OF EC

1. 
   The CE agreements an association
   
2. 
   The agreement of association and stabilization
   
3. 
   Free exchange area s and custom unions
   
4. 
   Relations with CE and CECHR
   

FAMILY LAW

( For the School of Magistrates)

(The Academic year 2008-2009)
1. Annual teaching volume of a semester:96 hours, with the students of the first year

2. Weekly teaching volume: 3 hours 45’each in 1 day

3. The academic year 2007-2008 divided into two terms:

• 
  The first term: 16 weeks, from 01 October - 01 February
  
• 
  The second term 16 weeks, from 4 of February – 31 May
  

1. 
   Other annual obligations:
   

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

2. 
   The lesson exam – February 2008
   
3. 
   Pedagogues responsible:
   

• 
  Vjollca MECAJ, a part time working pedagogue, who is responsible for the subject in our school. She treats the issues regarding the cohabitation, marriage invalidity, the conjugal rights and obligations, the end of marriage and its effects.
  
• 
  Tefta ZAKA, a part time working pedagogue. She treats the issues regarding the marriage property regimes.
  
• 
  Holta KOTHERJA, a part time working pedagogue. She treats the issues regarding legal defense of the minors, the role of psychologist during the judicial trial, dealing the marriage solution, as well as the parental responsibility, adoption and custody.
  
• 
  Violanda THEODHORI, a part time working pedagogue. She treats the issues dealing with marriage, paternity and maternity of the child.
  

OBJECTIVES
Treatment of the subjects of Family Law in the School of Magistrates, aiming at the fulfillment of the goals and main objectives:

• 
  Preparing magistrates capable to give fair judicial decisions in the field of Family Law.
  
• 
  Professional preparation to give fair argumentation in their decisions from the juridical and logical point of view, and giving support to the as well as the support of the facts regularly administrated during the judicial trial.
  
• 
  Education to a fair legal and social understanding of marriage and family relations, not being influenced by the backward customs and traditions.
  
• 
  Education of honesty during the exercise of their duty to keep and respect the independence of the judicial power.
  
• 
  Professional preparation of the future magistrates, to a fair combination of the Albanian legislation with the international one and the procedural elements with the material ones as well, during the judicial trial of the civil conflicts in family law.
  

II. WAYS OF ACHIEVING OBJECTIVES

1. 
   Treatment of the new theoretical elements by the lector aiming at avoiding giving lessons similar with lectures got from the Faculty of Justice
   
2. 
   Treating theses which will be carried out in connection with current problems on the process of the court access reviewing as well as the way the society is impacted by them.
   
3. 
   Interpretation of legal norm which will be currently approved.
   
4. 
   Dialogues on topics treated in different articles or doctrinal text books.
   

Ways of teaching used are: lectures, seminars, discussions on judicial decisions, drawing up of educational and judicial decisions etc.

Lectures should be enriched of selected by judicial practices issues followed by doctrinal concepts of the jurisprudence of other foreign countries having similar legislation.

For the important topics the students will do independent work in the form of theses.

STRUCTURE OF SBJECT

FIRST CHAPTER “GENERAL PRINCIPLES”

5. 
   General principles of family law.
   

Holta KOTHERJA – lecturer

Time available, 6 hours

6. 
   Legal defense of children.
   

Holta KOTHERJA – LECTURER

Time available 3 hours

SECOND CHAPTER “THE SPOUSES”
3.Marriage and the fundamental conditions of entering into it.
Violanda THEODHORI – lecturer

Time available 3 hours

4. The form of entering into marriage.

Violanda THEODHORI – lecturer

Time available 3 hours
5. Challenge to entering into marriage

Violanda THEODHORI - lecturer

Time available 3 hours

6. Marriage invalidity, causes and affects

Vjollca MECAJ - lecturer

Time available, 3 hours

7. Reciprocal rights and obligations of the spouse.

Vjollca MECAJ – lecturer

Time available, 6 hours
8. Cohabitation, the rights and obligations between the partners.

Vjollca MECAJ

Time available, 3 hours
9. Family violation and legal instruments for its prevention.

VjolLca MECAJ – lecturer

Time available, 3 hour
10. The role of the psychologist in the judicial trial during marriage solution.

Holta KOTHERJA- lecturer

Time available, 3 hours
11. Cases of termination of marriage and its solution.

Vjollca MECAJ - lecturer

Time available, 6 hours
12. The consequence s after the solution of the marriage

Vjollca MECAJ - lecturer

Time available, 6 hours.
THIRD CHAPTER “CHILDREN”
13. Maternity and paternity.

Violanda THEODHORI

Time available, 9 hours
14. The alimony

Holta KOTHERJA - lecturer

Time available, 3 hours
15.Parential responsibilities

Holta KOTHERJA - lecturer

Time available, 6 hours
16. Adoption

Holta KOTHERJA – lecturer

Time available, 6 hours
17. Custody of infants and persons incapable to act

Holta KOTHERJA – lecturer

Time available, 6 hours
18. General provisions on marital property regime.

Tefta ZAKA –lecturer

Time available, 3 hours

19. Marital property regime in community

Tefta ZAKA -lecturer

Time available, 6 hours

20.Community by contract

Tefta ZAKA – lecturer

Time available, 3 hours
21. The regime of divided property.

. Tefta ZAKA –lecturer

Time available, 6 hours
LITERATURE

1. 
   University text book of the Italian author MICHELE FORTINO, published in 2003, “DIRITTO DI FAMILIA”.
   
2. 
   University text book of the Italian author MARCELLA FORTINO, published in 2004, “DIRITO DI FAMILIA”.
   
3. 
   Commentaries and text books of Family Law, written by Albanian authors, (not yet published).
   
4. 
   The magazine “Legal Life”, “The law as a development opportunity for women”.
   

SYLLABUS OF “HUMAN RIGHTS LAW

(For the school of magistrates)

(Academic year 2008 - 2009)


(For the first year)

1. 
   Annual teaching load: 32 classes..
   

2. 
   Week reaching load:2 classes, 45’ each , during 5 working days..
   

3. 
   12 classes and 2 classes of seminars, realized in16 weeks, on 6th of October 2007-1st of February 2009
   

1. 
   Week teaching load:
   

It depends on the character of the topic, the fact that if the teaching should be based on the lectures, by the lector or the work and presentation of the case by the students..

2. 
   The academic year
   

Teaching load of the subject: “Human Rights”, will be extended only during the first semester of the first academic school year. (6 October – 1 February).

3. 
   Other obligations
   

The period after 31^st of January will be for the settlement of the academic obligations by the students..

Professors who are responsible:
Xhezair ZAGANJORI

Dajena KUMARO (POLLO)

2. 
   OBJECTIVES
   

Te Syllabus “Human Rights” makes up a important moment for the preparation of the students of the School of magistrates.

From this point of view, the meaning, the knowledge, the study and their implementation, in conformity with the respect and implementation of the international structures, gets a special importance.
The holding of the studying classes, regarding such subject, will aim at such primary objective, with a deep knowledge of a positive specific character of the internal and international normative of Human rights and their interpretation. This time from the magistrates’ position, in order to achieve their professional implementation and an effective protection of such rights, on the judicial internal approach..

There are two factors which make the importance of such preparation more imperative as: the character of the normative for the protection of the human rights in which it finds one of it’s the Albanian state of human rights: and secondly, the fact that in this field, our School of Magistrates should have “a supervisor” very specialized and skilled – European Court of Human.

II. WAYS OF ACHIEVING OBJECTIVES

1. 
   Holding theoretic lectures by the lector, with a positive emphatic character and limited and doctrinal as well.
   

2. 
   Perhaps the most important way will stand at the intention for holding seminars based on the presentation and interpretation of judgments done by the students themselves.
   

3. 
   Attempt to organize simulation games.
   

4. 
   Visits of Domestic Courts or the European Court of Human Rights.
   

III. STRUCTURE OF THE SUBJECT

1. The relation between the international normative, domestic norm. Constitutional solution . The role of Magistrate in the implementation of the international norm.

(2 hours Xhezair ZAGANJORI)
2. The character of the international norm on the Human Rights.

(2 hours Xhezair ZAGANJORI )
3. The European system of the protection of Human Rights and the fundamental rights and freedoms and the Albanian legislation on human rights. Solution and problems. The mechanisms of the European Convention of Human Rights.

(2 hours Xhezair ZAGANJORI )
4. The ways of interpretations of the European convention on Human Rights on the part of the European Court of human Rights.

(2 ore Xhezair ZAGANJORI )
5. The right to live – article 2 of the Convention and its protocol nr. 6.

(2 (2 hours Xhezair ZAGANJORI )
6. Torture and inhuman treatment – article 3 of the European Convention for the prevention of torture.

(2 hours Xhezair ZAGANJORI )
7. Slavery and captivity – article 5 of the Convention.

(2 hours Xhezair ZAGANJORI )
8. The right of freedom and security- article 5 of the Convention.

(2 (2hours Xhezair ZAGANJORI )

9. Fair trial – article 6 and 13 of the Convention.

(2 hours Xhezair ZAGANJORI )
10. Private and family life. The right to create a family- article 8 and 12 of the Convention.

(2 hours Dajena POLLO)
11. Freedom of thought, doctrine and religion-article 9

(2 hours Xhezair ZAGANJORI )
12. Freedom of speech and organization-article 10 and 11 of the Convention.

(2 hours ZAGANJORI )
13. The right of property , education and free periodic elections- protocol 1 of the Convention.

(2 hours Xhezair ZAGANJORI )
14. Limitation and reservations toward the Convention.

(2 hoursXhezair ZAGANJORI )
15. Other systems of international protection of Human Rights.

(2 hours Xhezair ZAGANJORI )

• 
  For this class, in a special way, attempts should be done in order to wholly do the lesson process in a form of seminars by means of the works done by the students themselves being helped during the interpretation and coming to the conclusion by the professor of the subject. For these works the articles of the European Convention of Human rights and the decisions of the Commission of the European court of Human Rights should be in the focus.
  

-The guiding stones – Publication of Albanian Center for Human Rights.

-Human Rights in Europe (Jurisprudence and Comments)- Publication of European Center.

• 
  Monthly manual of Human rights – Publication of European Center.
  
• 
  Short manual of the European Convention of Human Rights- Publication of the Council Of Europe..
  
• 
  Key extracts from the Jurisprudence of the European Convention of Human Rights- Publication of Council of Europe.
  

PROGRAM OF SUBJECT

“INTELLECTUAL PROPERTY“
(For the School of Magistrates)
(Academic Year 2008-2009)
(For the first year)
1. Semestral teaching load: 32 hours
2.Weekly teaching load: 2 hours with 45 minutes
Academic year divided into two semesters. Subjects is done in the second semester: second semester is 16 weeks 2 February ­ 31 May 2009
End of subject is at the end of May 2009

Responsible professors:
Prof. Asoc. Dr. Mariana SEMINI

Topic I. Important issues of copyright  (2 hours)

Introduction to copyright. International legislation on copyright. Historical development of the albanian legislation on copyright.

Original works, drama, literary, artistic and musical works; Literary works; Drama Works; Musical Works, Artistic works; rights of the entrepreneur; voice registrations Movies; radio and television broadcasting; cable broadcasting; typographic activities; practical case; historical development of the copyright in albania; legal basis; concept of work and its types; meaning of originality.

Mariana Semini
Topic II. Economic and moral rights (2 hours)

General principles; right of identification as an author; right to contradict the unfair use; false attribution; acceptance and waiver; meaning of moral and economical rights, their distinction; restriction of economic rights.

Mariana Semini
Tema III. Authorship and property in copyright and duration of its protection. (2 hours)

Authorship; ownership; duration of protection of copyright. General principles; original works; films; meaning of property; duration of protection of copyright; protection of copyright; international legislation; authorization or acceptance from the owner; public interest; fair treatment; private study and research; critics and review; incidental inclusion; practical case.

Mariana Semini

Topic IV. Violation of copyright (6 hours)

Primary violations; accidental relations; intention of a violator and subconscious copying; indirect copying; essential copying; issuing copies in public; lease and delivery of work in public; public display of work, its interpretation; television broadcasting and cable broadcasting; adoptability; meaning of violation of copyright; practical case.

Mariana Semini
Topic V. Interntional conventions (1 hours)

Convention of Bern; TRIPS; Treaty of copyright of WIPO of 1996; Treaty of phonograms WIPO of 1996. Topics will be accompanied with practical cases from albanian jurisprudence as well as exercises to increase research capacities of data through internet.

Mariana Semini
Topic VI: Meaning of patents (4 hours)

Patentable objects and requests; Novation; Invention; industrial application; unpatentable objects; violation and revocation; Revocation; violation; patents according to albanian legislation. Requests for patentability and patentable subjecgs; subjects of patents; inventions from the employees; procedures of registration of patent;

consideration of request and issuance of patents; secret patents; rights deriving patents; violation of patents; protection of topography of integrated circuits; practical case.

Mariana Dedi
Topic VII: International conventions (1 hours)

Convention of Paris; TRIPS; European conventions “For patents”; Treaty of phonograms and displays WIPO of 1996; practical cases of albanian legislation; Visits at the office of registration of marks and patents.

Mariana Dedi
Topic VIII. Meaning of trade marks (4 hours)

Requests for validity of trademarks; unregistrable marks; absolute reasons for refusal of registration; reasons related to refusal of registration; cases from court practice as well as international practical cases.

Mariana Dedi
Topic IX. Violation and infringement of trademark, revocation (6 hours)

Concept of infringement of trademark; exceptions from ingringement; infringement of known intellectual principles; consequences of infringement of trademark; practical case. Trademarks according to albanian legislation; trademarks and their types; constituting elements of the mark; registration of the mark; industrial designs; original denominations; violation of trademarks; practical cases from albanian judiciary. Registration of international trademarks.

Mariana Dedi

Topic X. International conventions (1 hours)

Madrid agreement; Paris conventions; Protocol of Madrid agreement

Mariana Semini

Topic XI: Meaning of unfair competition ( 2 hours)

Unfair competition; international legislation on unfair competition; need for protection; categories of action of unfair competition; albanian legislation on unfair competition; unfair competition according to Civil Code; law “on competition” no. 8044, dt1995 and its relation to law “On industrial property”; concept of competition and its types; limits of fair competition. Unfair competition; practical forms of competition; types of protection from the unfair competition; law on competition and license contracts. Practical cases from the albanian judiciary.

Mariana Semini
Topic XII. International conventions (1hour)

Treaty of Geneva 1994.

Prepared by: Prof. Asoc. Dr. Mariana Semini-Tutulani