Administrative law

Topic 3 (4 hours)

International law of social insurance. Legal instruments through which this law has been evolved.

Topic 4 (4 hours)

Social insurance law. Object and sources of law.

Topic 5 (4 hours)

Obligatory scheme of social insurance. Contributions and benefits.

Topic 6 (4 hours)

Voluntary schemes of social insurance.

Topic 7 (2 hours)

Obligatory scheme of health insurance. Contributions and benefits.

Topic 8 (6 hours)

Right of complaint against social insurance decisions.

LITERATURE

- Law on “Social Insurance in the Republic of Albania”

- Law on “Health Insurance in the Republic of Albania”

- Sublegal acts in the field of social and health insurance.

- Law on social insurance, Prof Igor Tomes, 1998

- Socil welfare state. Prof.Llambro Filo, 2003

- Process and institutions of social politics, Merita (Vaso) Xhumari, Tirane 2003

- Social programs management, Perlat Lame, Eglantina Gjermeni, Tirane 2003

- Geddes. Migration and the Welfare State in Europe

- Report on short term benefits ILO Budapest, 2005

- Report on bilateral agreements in social insurance ILO Budapest, 2005

- Comments on report on the application of european code of social insurance ILO Gjeneve, 2001

- Organization and financing of primary health care in Albania, Problems, Issues, and Alternative Approaches, Technical Report .

World Bank,

- systems of health care in transition 2002 Besim Nuri Universiteti i Monrealit

- Long term strategy of Development of Health Care in Albania, Council of Ministers 2004

-Vonk. G.J. 2001 Social security and the law. Some European dilemmas

European Journal of Social Security 2001
PROGRAM OF SUBJECT

“LEGAL REASONING AND WRITING”

(For the School of Magistrates)

(Academic year 2008-2009)

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

2. First semester: 16 weeks 6 October – 1 February

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

4. Examination of subject in february
5. Responsible professors:

1. Bashkim Dedja

2. Sokol Berberi

1. 
   OBJECTIVES OF THE COURSE
   

Treatment of this subject in the School of Magistrates will aim at achieving some objectives where the most important are:

1. 
   prepare able magistrates to understand and analyse legal acts and documents.
   
2. 
   enable magistrates to organize their thoughts and legal arguments in setting up a legal act using a suitable language, rules and techniques of writing which are accepted.
   
3. 
   create clear ideas and similar forms in compiling main legal and procedural acts.
   
4. 
   develop abilities in intertwining material and procedural elements in close cooperation with facts in case put forward for solution.
   
5. 
   prepare magistrates to draft main civil and criminal procedural acts respecting legal rules, evidence presented, interpretation of facts and logical argumentation.
   
6. 
   develop interpretative abilities of magistrates
   
7. 
   develop critical thinking and research abilities in legislative issues.
   

2. 
   WAYS OF ACHIEVING THE OBJECTIVES
   

1. 
   Theoretical treatment of written elements, manner of formulating the legal acts, interpretation and analysis of facts. Drafting of main procedural acts.
   
2. 
   Discussion relating to procedural legal provisions related to drafting of procedural acts, which are not complete, and are in contradiction with each other.
   
3. 
   Practical treatment of knowledge through working with the students. Drafting procedural legal acts according to legal writing rules. Practical cases.
   
4. 
   During seminar hours practical cases will be discussed in groups and students will give in writing their conclusions regarding the cases. Court decisions will be drafted.
   
5. 
   Discussion of court and prosecutor office practices in relation to treated cases in decisions of the courts of three levels. This discussion will analyse the albanian practice, its advantages and disadvantages.
   
6. 
   Special importance in the organization and setting up of this course will be given by the exercises in order to have a more active participation from the magistrates. Theoretical materials will be structured so as to give more time to exercises and discussion from the students.
   

3. 
   STRUCTURE OF SUBJECT
   

1. 
   Introduction; Legal sources; upon the starting of the course the students will become familiar with the contents; object, methodology, materials to be used and practical exercises for each topic during the seminars.
   

Sources of law will be treated at the beginning of the course, taking into account that this subject analyses and treats the manner of interpretation, reasoning and legal writing of acts included into these sources of law. Presentation of sources of law will be based on our constitutional system.

(2 hours B.Dedja & Sokol Berberi)

2. 
   Principles of interpretation of the law; types of principles in the interpretation of law; standards in selecting the principles that will be applied in a concrete case; the reference in the relevant doctrine and jurisprudence; analysis of the principles based on these decisions.
   

(2 hours S. Berberi)

3. 
   Principles of writing and reasoning; convincing theories; clarity and shortness; clear alignment of parts; proportionality; avoiding ambiguity, clarity of language and style.
   

(2 hours B.Dedja)

4. 
   Legal issues, meaning and identification; elements of the case; approach of the law; analysis of arguments.
   

(2 hours B.Dedja, & S.Berberi)

5. 
   Process of legal writing; planning; defining the audience; defining the structure and format; writing, rewriting and correction.
   

(2 hours B.Dedja)

6. 
   Identification of legislation; research for legal acts; determination of sources and methodology of research, research capabilities and orientation for a shorter time; summary evidencing of the research results.
   

(2 hours S.Berberi)

7. 
   Structure and organization; setting up of a legal text. Importance of a structure for the clarity and quality of the act; Principles that should be respected for the structure; principles of alignment; elements of the legal text in relation to the type of the act.
   

(2 hours B. Dedja)

8. 
   Writing of an essay; presentation of the cases; structure; setting up of sentences and paragraphs; reasoning and logical connection between parts of the text, order of presentation of arguments and conclusions.
   

(2 hours B.Dedja)

9. 
   Drafting of different legal arguments; memorandum; procedural acts.
   

(2 hours B.Dedja)
10. “IRAC” method; one of the used methods in analysing the legal cases and legal opinions; elements of this method; its application in concrete cases.

(2 hours B.Dedja)

11. Interpretation of the fact; meaning of the facts; identification and analysis; relation to the case; interpretation of the contrary facts; order of presentation; evaluation.

(2 hours B.Dedja)

12. Interpretation of contracts; structure; order of alignment of the parts in a contract; interpration of terms and paragraphs; their relation to the law.

(2 hours B.Dedja)

13. Clarity of legal writing; rules and recommendations for the clarity of legal language; grammar and style; terminology.

(2 hours B.Dedja)

14. Drafting of criminal procedural acts; application of recommendations on the organization and writing of criminal procedural acts as final court decisions, intermediate court decisions; Albanian court practice in the three levels of the judiciary; decisions of the prosecutor during the preliminary investigations as well as its conclusions in consideration of the case before the courts.

(2 hours B.Dedja)

IV. EVALUATION

1. 
   At the end of the course a test will be held. The test will be set up in such a way as to evaluate objectively the development of the capabilities and knowledge of participants in this course.
   
2. 
   Magistrates will be evaluated during the course to be followed and objectively evaluated for the increase of their level in reasoning and writing legal acts..
   
3. 
   During the seminars, paper work will be given like the preparation of essays, memorandums, analysis of legal cases etc.
   

V. EXPECTED RESULTS
At the end of the course the following results will be achieved:

1. 
   Magstrates will know and apply the principles and rules of the legal reasoning and writing.
   
2. 
   Magistrates will know and apply the rules and techniques of interpretation of legal cases.
   
3. 
   Magjstrates will know and apply the known practices in this field.
   
4. 
   Unified rules will be applied in the practice of drafting the decisions.
   
5. 
   Magistrates will have less reversed decision due to lack of procedural requests in the writing of decisions as a result of an increase in the quality of giving justice.
   

VI. COURSE MATERIALS

For the preparation of lectures the following materials have been used:

Lectures prepared for the course on Legal Writing and Reasoning in the School of Magistrates;

Materials prepared from ABA/CEELI; “The Fundamentals of Legal Drafting” Reed Dickerson. “Legislative Drafting” prepared in Central European University, Budapest;

Checklist on Law Drafting and Regulatory Management in Central and Eastern Europe prepared from Sigma- OECD;

Rules issued from Albanian authorities for the process of drafting and approving the legislation; different laws;

Codes of Procedure, Decisions of the High Court, Constitutional Court Decisions.

PROGRAM OF SUBJECT

“MEDIATION AND ARBITRATION”
(School of Magistrates)

(Academic Year 2008-2009)
(first year)

1. 
   Annual teaching load: 32 teaching hours
   
2. 
   Weekly teaching load: 2 week hours 45 minutes each
   
3. 
   Academic year divided into two semesters:
   

1. 
   Second semester: 16 weeks 2 February – 31 May
   
1. 
   Examination in June
   
2. 
   Other obligations
   
   1. 
      Preparation of an esse
      

Responsible professors:
1. Prof.As.Dr. Arta Mandro

3. Dashamir Kore

4. As well as part time collaborators for special topics.

• 
  Ismet Elezi
  
• 
  Adem Tamo
  
• 
  Skender Kaçupi
  

Introduction
Subject of “Mediation and Arbitration” is one of the important disciplines of the theoretical and practical teaching program of the School of Magistrates, which intends to educate judges and prosecutors with knowledge for the alternatives of resolution of disputes amicably and the possiblities of their recommendations for cases presented in court and prosecutors offices.

3. 
   OBJECTIVES
   

Treatment of subject “Mediation and Arbitration” in the School of Magistrates will aim at fulfilling the aims and main objectives amongst which we can list as follows:

7. 
   Preparation of magistrates able to understand the real place of mediation and arbitration and their connection with the profession of a judge or prosecutor;
   
8. 
   Education of magistrates with the spirit of justice and the important that access to justice is an opportunity realized through legal out of judiciary alternatives, when the parties have chosen them voluntarily;
   
9. 
   Deep knowledge of legislation on mediation and other provisions related to arbitration;
   
10. 
    Knowing the advantages of these alternatives and differences between the judicial process and the process of mediation and arbitration;
    
11. 
    Knowing the fields where the out of court alternatives can be applied
    
12. 
    Other
    

III. WAYS OF ACHIEVING THE OBJECTIVES
These objecgives will be realized through the following methodology:

• 
  Interactive lecturing method
  
• 
  Power point presentations
  
• 
  Flip chart
  
• 
  Study of hypothetical cases or real practical cases
  
• 
  Work with law resources
  
• 
  Preparation of essays and juridical analysis
  
• 
  Comparison of legislations
  
• 
  Etc.
  

This will consist in:

1. 
   Treatment of theoretical general elements related to understanding the conflict, disputes and their management aiming at an interactive debate on the precise understanding of these issues:
   
   • 
     Relation between the system of justice and amicably resolving disputes. When are the cases when we have to go to court and when there is place for alternatives;
     
   • 
     Actuality and world experience on ADR;
     
   • 
     Advantages of ADR;
     
   • 
     Interpretation and application of provisions of Civil Code, Criminal Code, Criminal Procedure Code and other laws in relation to other laws in relation to law of mediation and legal regulations of arbitration;
     
   • 
     Etc;
     

2. 
   Hours of practical exercises:
   

1. 
   Analysis of a practical case and differences in its solution depending on the alternative used
   
2. 
   Preparation of an esse
   

IV. STRUCTURE OF SUBJECT
TOPICS
I. Knowing alternative dispute resolution.

• 
  General overview on the alternative resolution of disputes.
  
• 
  Advantages and disadvantages.
  
• 
  Techniques of dispute resolution.
  
• 
  Models of intervention in dispute resolution.
  
• 
  Resolution of disputes in the context of middle east
  

4 hours Arta Mandro
II. Negotiation theory

• 
  Leader as negotiator: Negotiating for common benefit.
  
• 
  Limits of involving negotiation.
  
• 
  Efficiency in negotiation.
  
• 
  Process of negotiation.
  
• 
  Art and science of negotiation
  
• 
  Selection of negotiation strategy
  

4 hours Arta Mandro
III. Introduction in mediation

• 
  Process of mediation
  
• 
  Alternativa e ndermjetesimit.
  
• 
  Models of mediation.
  
• 
  Orientations about mediation, strategies and techniques.
  
• 
  Aim of mediation.
  
• 
  Objectives of mediation: strength, understanding and challenges.
  

4 hours Arta Mandro
IV. Process of mediation

• 
  Preparation before mediation.
  
• 
  General overview about entering into a contract.
  
• 
  Aims of entering into contract.
  
• 
  Holding the process of mediation.
  
• 
  Description of procedures of mediation.
  
• 
  Distinction and involvement of cases.
  
• 
  Discovery of hidden interest of parties.
  

2 hours Skender Kaçupi

V. Albanian law of mediation

• 
  Development of mediation in Albania
  
• 
  Role of mediation as a process for treatment and resolution of disputes in Albania.
  

2 hours Skender Kaçupi
VI. Special procedures of creating the alternatives.

• 
  Development of standard objectives for an acceptable agreement.
  
• 
  Procedural solution for reaching material agreeement.
  
• 
  Use of expertise or foreign sources
  
• 
  Mediation agreement.
  
• 
  Assistance for parties in the preparation of a mediation agreement.
  
• 
  Critical issues of Mediation: dynamics of conflict resolution
  
• 
  Authority of mediator: authority and influence of mediator.
  
• 
  Communication between and within parties
  
• 
  Influence of culture.
  
• 
  Standards, conflicts, and ethics
  

4 hours Adem Tamo
VII. Features of mediation in different fields: criminal

4 hours Ismet Elezi
ARBITRATION

• 
  Introduction in arbitration.
  
• 
  Common features of processes of dispute resolution.
  
• 
  Relations between arbitration and mediation.
  
• 
  Comparative overview of trial.
  
• 
  Judicial review of arbitration.
  

2 hours Dashamir Kore

Fundamental issues of arbitration

• 
  Main features of arbitration.
  
• 
  Selection of judges.
  
• 
  Process of dispute resolution.
  
• 
  Application of arbitration decisions.
  

2 hours Dashamir Kore
Arbitration according to albanian legislation.
Practices of arbitration in Albania.

Mediation and arbitration in labor relations.

4 hours Dashamir Kore
International commercial arbitration

Canadian international commerce practice and law
2 hours Dashamir Kore

: syllabus of “professional ethics”

(For the School of Magistrates)

(Academic year 2008-2009)
(The first year)

1. 
   Semester teaching load: 96 classes.
   

2. 
   Weakly teaching load: 2 classes, 45 min each one, within five days.
   

3. 
   First semester, 16weaks 6 October-1 February.
   

4. 
   Subject obligations: exams, independent work papers, theses and other related work should be carried out from 6 th October - 1st February.
   

5. 
   Final exam shall be held in February.
   

Professors responsible:

1. Elida Take,

2. Evis Alimehmeti
The subject of Professional Ethics should be treated only by the Syllabus of the School of magistrates, treating it as a subject of special importance.

I. Objectives
The treatment of the course of the Professional Ethics in the School of Magistrates, aims at carrying out of some of the objectives, the most important ones should be summed up as follows:

1. 
   Information of magistrates regarding the group and the nature of rules typically included in Code of Ethics, as well as the obligation regarding it. Education of magistrates with ethics value of different levels from the law and the moral standards of the relevant social group:
   
2. 
   Preparation to confront the most problematic situations that characterize the profession of the lawyer in Albania.
   
3. 
   Further encouragement of magistrates to explore different aspects of ethics obligation, in order to give contribution in increasing the quality of their work especially in regard to the responsibility, transparency of their profession.
   

II. Ways of achieving objectives
The objectives of the subject Professional Ethics in the School of magistrates should be realized through the application of methods described hereinafter:

1. 
   Expression of the coexistence foreign in the academic field regarding the rules of ethics, the necessity for the Codes of Ethics, and the responsibilities connected with their implementation. For this aim, the most useful and important literature must be used in this field, mainly that of American, Danish and Canadian universities. This part makes, in any case an approximation of such features with that of Western European, in order to bring out the typical differences regarding the way of ethic rules of legal profession.
   

2. 
   The analyses of the Albanian system regarding the rules of the ethics, bringing out( its relevance in relation to other systems of regulation of the ethical subjects, as well as other problematic aspects or the dilemmas, which characterize the regulation of such subjects in Albania.
   

3. 
   The organization of the time of practical discussion with the representatives of relevant institutions which are engaged in the estimation of the violation of the rules of ethics. In concrete terms, during the curricula of this subject, concretely, during the discussion sessions with the representatives from the institution of inspectorate of the High Court of Justice, National Chamber of Lawyers, and Disciplinary Council of prosecutors . This aims at making the information more concrete during the theoretic classes and the facility of the observation etc.
   

4. 
   The organization of the e independent work during the curricula of the course, in relation with the different questions of the ethics of the judges and prosecutors, and the lawyer as well. This part includes the free discussion on the practical cases, domestic and foreign as well. The object of such works are the analyses of the decisions of the Constitutional Court of Albania as well, regarding the ethical cases. The preparation of such theses, independent works, essays, is individual and based on the materials given during the course, theses and the discussions during the practical classes. The presentation of the students is evaluated of the preparation regarding the subject.
   

III. The structure of the subject

1. 
   Introduction in the subject of professional Ethics.
   
2. 
   The organization of the subject, the methodology, the form of the examination, the demands of the subject.
   

(2 hours) Elida Take, Evis Alimehmeti
II. General principles of the professional Ethics; its legal characteristics;; the parting line between law and moral.

(2 hours) Evis Alimehmeti

III. Types of Codes of Ethics, their characteristics. The theory regarding the judgment and actions of professionals as ethic but not ethical.

(2 hours) Evis Alimehmeti

IV. The role of the judge, his components and the responsibilities in Albanian legal system.

(2 hours) Elida Take

V. The analyses of the features of the Code of the Ethic of the judges in Albania. General view on the Constitution, the Law of the Organization of the Judicial Power, the Law High Council of Justice, the law of he Judicial Conference.

(2 hours) Evis Alimehmeti

VI. The evaluation system of judges, the analyses of the ethical aspects characterizing them.

(2 hours) Elida Take

VII. Practical discussion with a judge. Practical cases. Discussion on the decisions of the Constitutional Courts.

(2 hours) Elida Taker

VIII. The role of the lawyer in the system of justice; The main principles of ethics characterizing the profession of a lawyer.

(2 hours) Evis Alimehmeti

IX. Analyses of the Code of Ethics of the lawyer; the principle of conflict of interests and the principle of the confidentiality.

(2 hours) Evis Alimehmeti

X. The organization of the functioning of the Lawyer National. Cases of Disciplinary responsibilities.

(2 hours) Elida Take

XI. Practical discussion with a lawyer. Practical cases.

(2 hours) Elida Take+ i ftuar

XII. the role of a prosecutor in the system of justice, his competencies and responsibilities, regarding the ethics.

(2 hours) Elida Take

XIII. the characteristic of the Code of Ethics of the Albanian prosecutors, drawn by the organization of the Albanian Prosecutors ; The main principles of Ethics of the profession of the prosecutors; The function of the disciplinary Council in the system o prosecutors.

(2 hours) Elida Take

XIV. The analyses of the features of he Code of Ethics of the prosecutors in relation to the Code of Ethics of judgment and lawyer.

(2 hours) Evis Alimehmeti

XV. Practical cases.

(2 hours) Elida Take

XVI. Summary and revision. Discussion on practical cases regarding the cases of three professions. Briefings and preparations for the final examination.

(2 hours) Elida Take, Evis Alimehmeti

IV. Main literature:
Summary of lectures for professional Ethics, prepared by Evis Alimehmeti, Elida Take;

Foreign Literature: Gavin Mac Kenzie, “Lawyers and Ethics; Professional Responsibility and Discipline,” Carswell, Third Edition, 2001, Michel Proulx, David Layton, “Ethics and Canadian Criminal Law,” Irwin Law Inc., 2001,

Albanian Constitution, 1998;

Code of Ethics for judges;

The evaluation system of judges;

Law Nr.8436, date 28.12.1998, “For the organization of the Judicial Power”.

Law Nr. 8811, date 17.05.2001, “For the Organization and the Functioning of the High Council of Justice

Law Nr. 9448, date 05.12.2005, “For the amendments and changes in Law Nr. 8811, date 17.05.2001, “ For the Organization and the Functioning of the High Council of Justice”.

Law Nr. 9399, date 12.5.2005 ,”For the Organization and the Functioning of the High Council of Justice”.

Code of Ethics of the lawyer.

Law Nr. 9109, date 17.07.2003, “For the functioning of the Advocacy in Albania”.

t;

The Statute of the Association of Albanian prosecutors;

Law Nr. 8737, date 12.02.2001, “For the Organization of the prosecution in Albania” (amendment);

Summary of the decisions of the Constitutional Court 2002-2006.