Committee of Ministers Secrétariat Du Comité Des Ministres

SECRETARIAT / SECRÉTARIAT

SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITÉ DES MINISTRES

Contact: Zoe Bryanston-Cross Tel: 03.90.21.59.62

Date: 14/04/2020 DH-DD(2020)325

Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Meeting: 1377th meeting (June 2020) (DH)

Communication from the authorities (09/04/2020) in the LULI AND OTHERS group of cases v. Albania (Application No. 64480/09)

Information made available under Rule 8.2a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

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Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres.

Réunion : 1377e réunion (juin 2020) (DH)

Communication des autorités (09/04/2020) relative au groupe d’affaires LULI ET AUTRES c. Albanie (requête n° 64480/09) [anglais uniquement]

Informations mises à disposition en vertu de la Règle 8.2a des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables.

DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. DGI 09 AVR. 2020

SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH

REPUBLIKA E SHQIPÈRISË STATE ADVOCATE OFFICE OF GENERAL STATE ADVOCATE

No.l( I tr'3J/ Prot. Tirana, on~ . V4.2020

To: Ms Corinne Amat - Head of Division Department for the Execution of Judgments of the ECHR DGI - Directorate General of Human Rights and Rule of Law

Council of Europe 67075 Cedex Strasbourg France

Ref: On the Execution ofECtHRjudgments and update on the Action Plans

Dear Madam,

Following the cooperation between the Government of Albania and the Department of Execution of Judgments of the European Court of Human Rights, relating to the matter of submission of updates on the action plans and action reports, please find attached an update on the individual and general measures regarding Luli and others group v.Albania (Application No.64480/09).

Expressing my highest consideration,

Yours sincerely,

ENKELEJDA -Br/' ~7rrn n~_,P,,__,'o/;~~ :.,,_ GENERAL 'I' ,_1 ,• '

o,'<-'j) y .... -...... :....::.. ' - DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

UPDATE INFORMATION ON THE INDIVIDUAL AND GENERAL MEASURES

Application Case Judgment Final on lndicator for of the classification 64480/09+ LULI AND OTHERS (LEAD) 01/04/2014 01/07/2014 Complex 10508/02 GJONBOÇARI AND OTHERS 23/10/2007 31/03/2008 problem 5250/07 BICI 03/12/2015 03/03/2016 32913/03 TOPALLAJ 21/04/2016 21/07/2016

A. INTRODUCTION

1. The cases in this Group concem administrative and judicial disputes before various administrative bodies and various levels of jurisdiction and relate to the excessive length of these proceedings and the absence of an effective remedy.

On 15.10.2018 the Albanian Govemment submitted an updated Action Report, reflecting the administrative and legislative measures taken by it, as well as their effectiveness.

In its 1331 st meeting, the Committee of Ministers for Human Rights, after exammmg the information provided by the Albanian authorities, invited the latter to provide, by 30 June 2019 information on: measures taken to reduce the work of the civil and high courts, in particular with regards to the appointment of judges to fill the vacancies created by the vetting process, including the Constitutional Court; measures taken to address the problem of frequent remittals of cases from higher to lower courts in the framework of criminal proceedings; information on possible retrospective application and statutory limitation on the award of compensation in excess of the value of the lawsuit object.

The Albanian Govemment, assessing that in July 2019 there would be significant developments by the new judiciary bodies and to provide more complete and comprehensive information, informed the Department for the Execution of Judgments of the ECtHR, that it would send the required information by the Committee ofMinisters within July 2019. On 31 July 2019, the Govemment prepared and submitted detailed information, as requested at the meeting of the CoE Committee of Ministers. The information included an update of all the issues identified and requested by the Committee. In addition to that information, the Govemment is presenting updated information on the latest developments on individual and general measures in these group of cases.

B. INFORMATION RELATED TO INDIVIDUAL MEASURES DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

In the updated action plan "Luli and Others v. Albania" sent on 31.07.2019, the Authorities provided information to the Committee of Ministers on the execution of other individual measures in the case "Luli and Others v. Albania ", as regards the domestic judicial proceedings' progress.

2. The case "Luli and others v. Albania". The applicants, on 11.02.2015, have submitted before the Durrës District Court a request on "Amendment of decision no. 166, dated 28.02.2011 of the ARCP Tirana ... ", "Amendment of the decision no. 30, dated 16.05.2012, of the ROARCP Durrës ... ", "The partial quashing of decision no. 738, dated 19.12.2003 of the former CRCP Durrës ... ". The trial court was informed of violations found by the Europe an Court and is aware of the necessity to bring the proceedings rapidly to an end to comply with the standards of Article 6 of the Convention. According to the new law no. 133/2015 "On the Treatment of property and finalization of the property compensation procedure", the competent court for the adjudication of the case, under Article 29 of the aforementioned law, is the Durrës Court of First Instance. This case is being examined at this Court.

On 27.12.2018 the District Court of Durrës issued the decision no. 2082. This decision was 1 appealed by one of the applicants Luljeta Çelkupa, on 27.02.2019 .

Update: The case is under examination before the Durrës Court of Appeai2. The Government will update the Committee ofMinisters on the outcome of the proceeding before the Durrës Appeal Court, as soon as it holds a judgment on the case, at the latest within the forthcoming 6 months.

C. INFORMATION RELATED TO GENERAL MEASURES

C.1 Administrative measures to properly administer of justice

3. As we have informed, the Albanianjudiciary system, with the help oflnternational organisms, is undergoing a radical transformation process, including the establishment of new judiciary bodies. This reform and the new constitutional changes aim to redefine, especially, the judiciary and the prosecution system, stop the rampant corruption in the field of justice, and break the bonds of judges and prosecutors with politics and crime.

Despite the expectations for the positive effects of this process, which are expected to be long 3 4 term, from the statistics provided by the Ministry of Justice , the Supreme Court and the High

1 Letter of the Durrës District Court no. 1935, dated on 10.06.2019 'Letter of the Durrës Court of Appeal no. 167/1, dated on 13.02.2020 3 Letter of the Ministry of Justice no.4511 /1, dated on 16.07.2019 DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

5 Judicial Council , for the year 2018, there is an increase in the average length of judiciary proceedings and an increase in the volume of accumulated cases.

2018 Registered (New) Completed Back.log

District Courts 104,4376 84,495 19,942 Appellate Courts 10,939 7 10,466 11,401 Supreme Courts 8,5368 1,673 28,863

The situation of the judiciary in general, and to the Supreme Court and Constitutional Court in particular, is not a result of actions or non-actions, of decisions or lack of decisions from the Government. The Supreme Court and the Constitutional Court have remained with 1 judge each, as a result of the Justice Reform. Also, until now have been dismissed 68 judges and prosecutors.

lt' s for the reasons above that the statistics, exceptionally for the period 2017-2018, does not reflect the efficient general measures taken from the Government. This is an extraordinary and temporary situation and not a permanent one.

4. The excessive length of proceedings and the measures taken for their elimination is one of the priorities of the High Judicial Council, which among others has under its competence, monitoring the work of the courts and their efficiency, giving special importance to the effectiveness of the justice offered by them. With the letter no. 3092/1 Prot., dated on 18.06.2019, the High Judicial Council informs on some of the administrative measures taken to evaluate and reorganize the work of the Courts, inter alia decided: To obtain periodically updated information by the Presidents of the Courts, in terms of court cases, respecting ethics and solemnity, the number of requests for dismissal approved by the President of the Court, and issues related to delays in submission of analyzed decisions. Review of the judicial map. Judicial mapping is a priority in solving man y problems related to workload, delegations of judges, access to justice, minimizing costs, excessive length of proceedings and increasing efficiency. For this reason, an Inter-Institutional Working Group was established in February 2019, with representatives by the country's courts, the High Judicial Council, the Ministry of Justice, as well as international partners such as the Council of Europe, Euralius and USAID through the project "Justice for all". The methodology used by this working group is based on the EU project ''Strengthening Efficiency and Quality ofJustice in Albania" - SEI IL This working group is engaged in evaluating the factual situation and it is expected that within 6 months from the moment of creation to present draft-proposals regardingjudicial re organization. The methodology used by this working group is based on the EU project

4 Letter of the Supreme Court no .1668/1, dated on 06.06.2019 5 Letter of the High Judicial Council no. 3092/1 Prot., dated on 18.06.2019 6 Cases accumulated from the backlog and registered in 2018 7 Cases accumulated from the backlog and registered in 2018 8 Cases registered for 2018 DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

"Strengthening Efficiency and Quality of Justice in Albania" - SEJ II. The deadline for 9 discussing the first variant is within September 2019 • The Albanian Government will keep the Committee of Ministers updated on the achievements of th e working group to the administration ofjustice, as well as the measures to be taken by the High Judicial Council in the light of these findings.

Update:

The functioning of the Supreme Court represents not only institutional priorities, but also national, and the Council has taken care to take prudent measures, in continuously consultation with the international partners that assist the Council's activities, so that any decision-making by the Council can serve to resolve the unprecedented situation created by this court, while respecting constitutional principles in view of consolidating the rule of law.

Concerning the reduction of cases in the Supreme Court, on which a large number of pending cases were collected, the High Judicial Council by Decision no. 317, dated on 19.12.2019, undertook also an initiative which it considered important, setting up an ad hoc committee to draft an action plan on reducing backlogs and increasing efficiency in the Supreme Court. The Committee has continued to operate and the representatives of the Supreme Court, the EURALIUS V Mission, and the USAID Project "Justice for Ali" have been invited to attend these meetings. The working group, is still studying the information gathered, the conditions in which the judicial system is located. It appears that there is a large number of pending cases before this Court, with a total of 34,901 cases. However, it is worth noting that the advisers in 10 this court continue to examine the files and there are 2849 cases ready for review • The High Judicial Council estimates that by 31 March 2020, there will be a concrete plan in view of the 11 purpose for which it has been established .

The working group has so far proposed and soon the HJC will consider adopting a memorandum 12 of cooperation between him, the Supreme Court and the Project "Justice for All ".

The participating parties will be involved in taking the adequate measures in relation to the efficiency and administration of the courts, aiming to reduce the backlog and prevent further increase of the number, as well as implementing best practices for managing the mobility of the cases at the Supreme Court.

Therefore, to fulfill this purpose the memorandum provides:

-Recruitment of the staff with a significant number of employees whose job description will be focused only on the process of reducing the backlog; -Supporting this staff with logistical tools, organizing regular meetings as well as establishing a work plan for each type of case (criminal, civil and administrative) to target those issues that require immediate treatment.

9 Letter of the High Judicial Council no. 3092/1 Prot., dated on 18.06.2019 1 " Letter of the Supreme Court no. 366il Prot. dated on 18.02.2020 11 Letter of the High Judicial Council on 18.03.2020 " Financed by the United States Agency for International Deve lopment (USAID) DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

-Mapping the work process for all current processes (as they are), and defining the most efficient processes, creating revised work processes in accordance with revised procedural codes, reform laws and best practice models. Evaluate the current ICMIS system for this court as well as make budgetary and financial assessments for modifications of the system; -Conduct a public awareness campaign that encourages the enhancement of public legal education regarding the appropriate activity and role of the Supreme Court, and address, together with the National Chamber of Advocacy, the State Advocate, the General Prosecutor's Office and other state institutions, the issue of reducing the number of cases filed with the Supreme Court and the filing of future recourses.

Further, by order no. 18.02.2019, the High Judicial Council bas foreseen as a priority of its work the evaluation and reorganization of the courts and their territorial jurisdiction. For this purpose, an inter-institutional working group bas been set up composed by representatives of the HJC, domestic courts, the Ministry of Justice and international partners (Council of Europe, EURALIUS and the Project "Justice for All "- JUST / USAID) on the evaluation and reorganization of District Courts and jurisdiction of Courts.

This working group is assessing the current situation, the volume of cases at the courts, pending cases and is expected to present within the first 6 months of 2020 its proposais for a new judicial reorganization. The creation of the new judicial map will allow for an adequate assessment by ensuring a more equitable redistribution of human resources to the courts seen in relation to the number of cases registered in a given district.

The number of courts at all levels is expected to be reduced by regrouping two or more courts together. The goal is to maximize the human and financial resources, increase the efficiency of the courts, and improve the speed of trial and access to justice for citizens. The new judicial map will facilitate the impact of the vetting process by providing solutions to problems related to workload, delegation, access, costs, efficiency, etc.

To date, the vetting institutions have completed 234 vetting cases at IQC level, including all priority dossiers, out of the total 811 magistrates that have to undergo vetting. There have been 94 dismissals, mostly for issues related to unjustified assets; 90 confirmations in office; 49 decisions on termination of the vetting proceedings, out of which 33 due to resignation and 16 due to other reasons; one decision to suspend the assesse with obligation to attend training. Out of these 234 decisions, 145 are already final (i.e. all appeals are exhausted). Investigations have formally been initiated regarding 477 assesses by the first instance vetting body, the IQC. Overall, so far 60% of the vetted magistrates were either dismissed or they resigned. The process continues to be implemented thoroughly.

As a result of the rigorous vetting and dismissal rate, several vacancies appeared across Albania's judiciary. Albanian authorities are implementing a re-distribution plan as a matter of priority with the High Judicial Council for judges and prosecutors to fill the gaps in the busiest courts and prosecution offices. Furthermore, the School of Magistrates intends to recroit in the judiciary at least 75 new magistrates who will complete their three-year programme in 2020. DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

The Albanian Government will immediately present to the Committee ofMinisters an action plan on the measures taken for reducing the backlog and management of the workload created by the Vetting process vacancies after the assessment, of measures to be taken, by the inter institutional group and the High Judicial Council.

C.2 The measures taken to fill the created vacancies in the judiciary system, including the Supreme Court and the Constitutional Court of the Republic 5.Filling the vacancies created by the process of re-evaluation of judges/prosecutors in all the courts of the country, but in particular, in the Supreme Court and the Constitutional Court, is a must for the judiciary system in Albania. This process is being followed with priority by the new judiciary bodies responsible for the selection and appointment of judges, the High Judicial Council (responsible for appointments to the District Courts and to the Supreme Court) as well as the Justice Appointments Council (competent for the appointment of judges to the Constitutional Court of the Republic). During this period, these bodies have been involved with the completion of the legal framework for appointments to the courts.

C.2.1 High Judicial Council 6. The High Judicial Council has prioritized the situation created at the District Courts and, in particular, at the Supreme Court and completion of the judicial body of this court, deciding among others: Approval of Decision No. 75, dated on 23.05.2019 "On the verification procedure for the conditions legal criteria for the recruitment of candidate judges, the development of the careers ofjudges, and the nomination ofjudgesfor the Supreme Court". Approval of Decisions, No.108/109/110, dated on 09.07.2019, "On the annunciation of appointment procedure at the Supreme Court of the prominent lawyers ", for all three administrative, civil and criminal Colleges. Following these procedures, the High Judicial Council, after collecting the applications filed by prominent lawyers, has approved Decision No. 142, dated on 26.07.2019, on initiating the verification procedure for the conditions legal criteria for the recruitment of prominent lawyers. By 06.09.2019, the HJC expects the 13 necessary documentation from these candidates • On 19.07.2019, the HIC has taken decisions on the appointment as judges/prosecutors of 16 4 magistrates to the Courts and Prosecutor's Offices of Judicial Districts 1 • Also, during this period, the HJC has received dozens of decisions for the appointment of judges for the adjudication of special court cases in other courts, different from that where they exercise their functions permanently. By these decisions is paving the way for adjudication of court cases, in those courts that are in lack of judicial formations.

Update:

11 http .vww.kld.al/vendime/vendim-nr-75-dat%C3%AB-9-07-2019; http www.kld.al/vendime/vendim-nr-l 09-dat%C3%AB-9-07-2019; http://www.kld.al/vendime/vendim-nr-l l 0-dat%C3%AB-9-07-2019; http: · www.kld.al/vendime/vendim-nr-l 42,-dat%C3%AB-26-07-2019 14 E-mail of the School of Magistrales of Albania, dated on 29.07.2019 DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

The High Judicial Council is proceeding rapidly and efficiently, in compliance with the requirements of the law, with the aim of taking measures to appoint members of the Supreme Court and to ensure the functioning of the justice system.

5 C.2.1.1 Regarding the appointment of the Supreme Court member/ : 16 On 5 March 2020 , the Supreme Judicial Council at the conclusion of the nomination procedures for each of the announced vacancies, after verifying the legal terms and criteria for all candidates, as well as evaluating the merits of qualified candidates, decided to propose to the President of the Republic the appointment of three candidates for members of the Supreme Court.

On 11.03.2020, the President of the Republic of Albania decreed the three members of the Supreme Court, elected by the High Judicial Council.

Also on 26.02.2020, following the procedures for filling the \-acancies in the Supreme Court, the High Judicial Council decided to open the procedure of promotion to the Supreme Court from the ranks of judges for 6 vacant positions.

C.2.1.2 Other measures taken by the High Judicial Council In response to created and expected vacancies, on 16.10.2019 the High Judicial Council decided that for this academic year, 2020-2021, 75 magistrates (judges/prosecutors) and 25 advisors and le gal assistants should be admitted to the School of Magistrates.

Conceming the management of the backlog in the courts of fact, in particular in the courts of appeal, the High Judicial Council, upon the request of the Presidents of the Courts, proceeds with decisions on the delegation of judges in order to fill the panels. In this way, the HJC has continued to solve the problems created in the courts as a result of the large number of requests for judges for certain cases brought by courts in need, directly affecting the reduction of the burden on these courts.

Also, with the adoption of Decision no. 70, dated 07.02.2020 on the criteria and procedures for the promotion of judges opens the way for the HJC to continue the process of filling vacancies by opening the promotion procedures at the courts of appeal. This process initially started with the opening of the promotion procedure for 5 (five) positions, for each of the Special Courts for Corruption and Organized Crime.

C.2.2 Appointment ofjudges to the Constitutional Court of the Republic 7. The Justice Appointments Council (JAC) is the competent body for the selection of the members of the Constitutional Court of the Republic. During this period JAC has adopted

15 Letter of the High Judicial Council on 18.03.2020 1 • Decisions: no 110, dated 27.02.2020, no.111 , dated 27.02.2020, no.! 12, dated 27.02.2020 of the Supreme Judicial Council DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

several decisions to define the functioning rules of this body, the announcement of vacancies for members of the Constitutional Court and the High Inspector of Justice, of which we mention: Decision No. 4, dated on 11.03.2019 "On the verification procedure for the candidates for 17 vacancies in the Constitutional Court and the High Inspector of Justice. " This decision sets out more detailed rules regarding the procedures that the Justice Appointments Council (the Council) conducts for property verification, integrity, professional and persona! past, as well as the other legal conditions and criteria that candidates must meet to be selected in vacant positions for judges at the Constitutional Court and to the High Inspector of Justice. 18 By decision dated on 24.07.2019 , the Justice Appointments Council after examining the acts and followed procedure on the verification of candidacies and the documentation prepared to meet the legal requirements for candidates for Judges in the Constitutional Court and the High Inspector of Justice, after hearing the opinion of the Ombudsman's representative regarding the followed procedure on the verification of the candidacies, the granting of candidacy to the Constitutional Court, for some competitors.

Meanwhile, the Justice Appointments Council continues the procedures on granting or denying candidacies for the Justice Appointments Council and those for the High Inspector of Justice (the last meeting was held on 30.07.2019), which are expected to be completed within August 2019. Update: On 8.10.2019 the Justice Appointments Coimcil, at the conclusion of the nomination procedures for each of the announced vacancies, after verifying the legal terms and criteria for all candidates, and evaluating the merits of qualified candidates, decided to propose to the President of the Republic and the Assembly of Albania the appointment of three candidates for members of the Constitutional Court. On 14.11.2019, the President of the Republic held the swearing-in ceremony for the 3 members of the Constitutional Court, who have begun their duties. Currently, the Constitutional Court has 4 members out of 9 that should have in total. This makes 19 it possible to examine requests in the Colleges , which may decide: i) not ta pass the case ta plenary session; ii) ta pass the case for preliminary review ta the meeting of judges; iii) the referral of the case ta plenary session. The Constitutional Court does not have the necessary quorum to adjudicate cases on the merits at a court hearing. Also, the Justice Appointments Council, in relation with the three vacancies in the Constitutional Court, announced by the President and the Assembly of Albania2°, held a meeting on 15.01.2020 to appoint the relator members. So far, 10 candidates have applied. The selection process and appointment of judges depends on a number of factors that necessarily required the right time for a transparent, fair and efficient process, such as: the adoption of new legislation, which introduced as necessary, inter alia, the adoption of various bylaws, the strict and detailed procedure through which passes the selection of judges, the verification of the

17 Published in the Official Gazette no. 32. dated on 15 March 2019, http: www.qbz.gov.a/.botime fletore zvrtard2019 PDF-2019/32-2019.pd( 18 http www.gjykataelarte.gov.aVweb.Mbledhja e K E D e dates 24 07 2019 6055 l.php 19 Letter of the Constitutional Court no. 86/1 Prot., dated on 17.02.2020 0 ' http: /president.aLnjoftim-shpallje-2.; http: · president.aLnjoftim-per-rishpalljen-e-procedurave-te-aplikimit-per-plotesimin-e-vendit-vakant gjyqtar-ne-gjykaten-kushtetuese-vakance-e-parakohshme/; https: www.parlament.al/News,Index. 8539 DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

important components of the candidates as their moral figure, professionalism as well as control of assets. This is materialized as well by the fact that from 22 candidates for the 4 vacancies announced in the Supreme Court, only 3 of them went through the ongoing process and got appointed.

The Govemment considers that the appointment process of the members of the Supreme Court and the Constitutional Courtis independent from its will. The govemment has made available to the competent bodies for the appointment of judges and management of the justice system all the necessary monetary and support resources, in order to ensure the positive progress of the process.

The A/banian Government will keep the Committee of Ministers updated as soon as the vacancies are filled, by appointment ofthe members ofthe Supreme Court and the Constitutional Court ofthe Republic.

C.3 Frequent referral of cases from higher to a lower court, concerning criminal cases:

8. Concerning the frequent return for a retrial [rom higher to lower courts: One of the most important changes of the Justice Reform was the role recognized to the Supreme Court. The recent constitutional amendments21 have given irreplaceable importance to the Supreme Court's mission, giving it a whole new dimension, which is the unification and development of judicial jurisprudence. In this way, requests to the Supreme Court will have a different focus and will result in minimizing the retum for a review of criminal cases, but not only after the forecast is made for the three Colleges in the Supreme Court. Following the constitutional and procedural changes: "There is a filtering system of cases that appear at the Supreme Court, by determining the taxing grounds for exercising the right to recourse to the Supreme Court. For these reasons, there may be appealed by recourse to the Supreme Court, issues of fimdamental importance to the unification, security and/or serious violation ofprocedural norms or when the appealed decision is dif.ferent from the case-law of the 22 ordinary Colleges or unified practice ofthe Supreme Court. " The Albanian Govemment estimates that such a move is beginning to yield its results, bearing in mind that for the year 2018, out of 535 cases reviewed by the Criminal College of the Supreme 23 Court, onl y 10 of them retumed for retria1 • Year Adjudicated Criminal Cases Cases returned for retrial 2016 2386 76 2017 1008 81 2018 535 10

21 Article 141 of the Constitution of the Republic: 1. The Supreme Court examines issues related ta the understanding and I mentation of the law ta ensure the unification of development ofjudicial practice, according ta the law." 2. For the amendment of the case law, the Supreme Court withdrawsfor review in the Joint Colleges certain court cases decided by them, according ta the law." 22 Letterofthe Supreme Court no. 166&'1 Prot., dated on 06.06.2019 2 ' Letter of the Supreme Court no. 1668/1 Prot., dated on 06.06.2019 DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Update: With the adoption of the Law No. 96/2016 "On the Status of Judges and Prosecutors in the Republic of Albania" and its amendments by Law No. 48/2019, the number of cases retumed for retrial by the higher Courts will be an indicator that will affect the professional evaluation of judges at the lower levels. We appreciate that such a provision will be taken into consideration by the judges and will be in their attention, in order to respect the law and promote their professionalism.

The A/banian Government concludes that the General Measures taken in relation with the excessive length ofproceedings, with the aim of minimizing the returned cases /rom the higher courts to the lower ones, such as the constitutional and legal amendments to the role of the Supreme Court, have been effective and have yielded positive results. In any event, the A/banian Government considers informing the Committee of Ministers on the statistics regarding the frequent remittals of cases from the Supreme Court to lower courts in the framework of criminal proceedings.

C.4 Information related to the possible retrospective application and legal restriction on the award of compensation that exceeds the value of the lawsuit's object, as well as informing the Committee of Ministers on the efficiency of legal remedies in general. 9. In its decision, the Committee of Ministers requested more specific information about the possible retrospective application and the statutory limitation on the award of compensation that exceeds the value of the lawsuit object. For this purpose, the State Advocate submitted for evaluation, the legal provisions and the Committee of Ministers' request, to the Consultative Council on the ECtHR issues, which in its meeting dated on 24.07.2019, within its competence recognized by the law, provided its assessments, which are as follows: 10. Possible retrospective application. Conceming the possible retroacti ve application of the new legal framework for "jinding a breach of a reasonable time, acceleration and just satisfaction", the Govemment reiterates its position that the legal provisions relating to fair 4 remuneration have no retroactive effect2 •

The fact that legal provisions have no retroactive effect is related to the general principles of law, that procedural law has no retroactive effect, and to the purpose of adopting amendments to the 25 Code of Civil Procedure . The purpose of the new Chapter "Judgment of claims for finding a 26 violation of a reasonable time, acceleration and just satisfaction " is to gain/obtain a right within a reasonable time, respecting the principle ''justice delayed is justice denied".

Based on formulated provisions, it becomes clear that these are litigation pending at the time the legal changes take effect. However, we would like to point out that, in the case of enforcement proceedings, regardless of when they are initiated, if the decision is not enforced, the legal provisions for expediting the proceedings and just satisfaction will apply.

'" Refer to the updated action plan "Luli and Others v. Albania", submitted by the authorities on 15.10.2018 05 Decision of the ECtHR Affairs Advisory Council, No. 5, dated on 24 July 2019 "' 399/3.1. The jus! satisfaction for the breach of a reasonable time shall be considered the acknowledgement of the beach, any measure taken on expediting the investigation procedures, adjudication of the case and the enforcement of the judgment, and/or the just satisfaction, as specified in this cha pter. DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

In any case, the A/banian Government estimates that it will be the domestic courts that will apply the law, and therefore, once there is an interpretation of the legal provisions regarding the retroactive ejfect of the ''Just satisfaction" by the courts, the Government will inform the Committee ofMinisters.

11. Legal restriction on the award of compensation that exceeds the value of the lawsuit's obiect. Article 399/10, point 3, of the Code of Civil Procedure states that: "The amount of damage compensation may not exceed the object of the lawsuit or enforcement". Such a prevision is made in the context of the administration of justice. Damage caused to a person by the excessive length of proceeding cannot exceed the value of the lawsuit's object that this person has specified in his daim.

Article 399/10 of the Code of Civil Procedure sets out the reasons that the Court must consider when awarding the just satisfaction, which are: Article 399/10: "The content of the award for damage compensation. 1. Upon reviewing the claim, the Court awards damage compensation from ALL 50,000 up ta ALL 100,000, each yearlor month in relation ta the year, beyond a reasonable time. 2. Damage compensation is done by bearing in mind: a) complexity of the process, in which the violation is verified; b) conduct of the judicial body or the bailiffand the parties; c) the nature ofinterests in the case; ç) the value and relevance of the case concerning the abject of the dispute or enforcement, also assessed in relation ta the persona! circumstances of the parties."

Thus, the Court in determining the value of the just satisfaction takes into account a number of causes, which affect the right of the parties to the judgment, including the value and importance of the case in relation ta the subject matter of the dispute or enforcement, in relation ta the persona! conditions ofthe parties.

Otherwise, such a provision, which would make it possible to assign a value greater than that of the object sought, could and would deviate from the purpose of rendering justice, since in any case, the applicant would have benefited much more from the excessive length of proceeding than the alleged right itself. It could also be a cause for further chain judgments, as the parties to the judgment on just satisfaction judgment are not the same as those on the merits judgment. The just satisfaction, in case of the excessive length of proceedings, is awarded to the parties as compensation for non-pecuniary damage that may be caused to them and is not measurable, as the Civil Code has relevant provisions in the legislation for such damages.

Update:

The practice so far followed by the domestic courts does not appear to have made any interpretation as to the "retrospective application of the legislation" or the restriction that "the amount ofjust satisfaction cannot exceed the value of the object of the claim". DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

As above, the Government reiterates the assessment made in the information sent on 31.07.2019 and shall inform the Committee of Ministers as soon as there is an interpretation of these legal provisions.

In any case, the Albanian Government notes that it will be up to the domestic courts to apply the law, and therefore the government will duly notify the Committee of Ministers as soon as the domestic courts provide their interpretation of the legal provisions regarding the retroactive ejfect of "Just satisfaction".

12. The efficiency of legal remedies for iust satisfaction. The Govemment wants to inform the Committee of Ministers, that unlike 2017, where claims for just satisfaction were concentrated in the District Court of Tirana, for 2018 there is an extension of claims for just satisfaction in some Courts of the Republic, regardless of that the number continues to be low. There has also been an increase in requests to the Supreme Court, with the object of "Finding a violation of reasonable time and acceleration ", to be heard in the Appeal Court and the Supreme Court.

Trials in the Supreme Court27

1. Requestsfor finding of violation when the case is being tried in the Appeal Court. Year Requests Accepted Dismissed Carried

2017 2 0 1 1

2018 11 2 5 4 2019 14 5 on gomg

2. Requests for finding of violation when the case is being tried in the Supreme Court.

Year Requests Accepted Dismissed Carried

2017 1 0 1

2018 14 0 7 7 2019 13 0 8

Trials in the Districts and Appellate Courts28

'' Letter of the Supreme Court to the State Advocate, no. 366 '! Pro!., dated on 18.02.2020. "Letter of the Lezhë District Court no.581 /1 Prot., dated on 22.07.2019; Letter of the Vlorë District Court no.1056 Pro!., dated on 16.07.2019; Letter of the Kurbin District Court no.751 Prot., dated on 22.07.2019; Letter of the Pogradec District Court no.149 Pro!. , dated on 22.07.2019; Letter of the Tirana District Court no.5997 /l Prot., dated on 22.07.2019; Letter of the Shkodër District Court no.810 Pro!. , dated on 22.07.2019; Letter of the Korçë District Court no.309 Prot., datd on 16.07.2019; Letter of the Kukës District Court no.289 Port., dated on 16.07.2019; Letter of the Lushnje District Court no.267il Prot., dated on 16.07.2019; Letter of the Pukë District Court no.270 Prot., dated on 18.07.2019; Letter of the Sarandë District Court no.406 Prot. , dated on 23.07.2019; Letter of the Tropoje District Court no.251/1 Pro!. , dated on 25.07.2019; Letter of DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Year Requests Accepted Dismissed Carried

2018 16 4 12 0

2019 8 6 1 on going

The Albanian Government assesses that, despite courts decision-making, legislative changes and an increase in the number of requests for just satisfaction, it shows that measures taken to correct ECtHR findings in terms of the excessive length of proceeding, acceleration and just satisfaction are effective and sees no further general measures to be implemented. Update: Given that the information provided for year 2019 included only the first 6 months of 2019; below we provide a statistic for the whole year 2019, for claims with a view to ascertaining a reasonable deadline, taking measures to accelerate the proceedings. Trials in the Supreme Court29 Requests for finding of violation when the case is being tried in the Supreme Court.

Year Requests Accepted Dismissed Carried

2019 14 0 830 6

Requests for finding of violation when the case is being tried in the Appeal Court. Year Requests Accepted Dismissed Carried 2019 26 1 531 20 Trials in the District and Appellate Courts32

the Gjirokastër District Court no.251'1 Prot., dated on 19.07 .2019; Letter of the Mat Distrct Court dated on 22 .07.2019; Lelter of the Fier District Court no.3675/1 Prot., dated on 22.07.2019; Lelter of the Berat District Court no.1339.' l Prot., dated on 19.07.2019; Lelter of the Kavajë District Court no.1467 Prot., dated on 22.07.2019; Letter of the Krujë District Court no.18/07 Prot., dated on 18.07.2019; Letter of the Pënnet District Court no.537/1 Prot., dated on 22.07.2019; Letter of the Dibër District Court no.299/1 Prot., dated on 18.07.2019; Letter of the Durrës District Court no.2493 Prot., dated on 24.07.2019; Lelter of the Durrës Court of Appeal no.754/1 Prot., dated on 22.07.2019; Letter of the Shkodër Court of Appeal no .1739 î Prot., dated on 23.07.2019; Lelter of the Vlorë Court of Appeal no.431 Prot., dated on 22.07.2019 9 ' Lelter of the Supreme Court to the State Advocate, no. 366/1 Prot., dated on 18.02.2020. :, 5 of them were dismissed, since are taken measures to accelerate the process and the malter is resolved: Decision 11/2019, Decision 10/2019, Decision 9/2019, Decision 7/13-2019, Decision 6/12-2019; Decision 7/13-2019. " 2 ofthem were dismissed, since are taken measures to accelerate the process and the malter is resolved: Decision 9/2019, Decision 7/13-2019, Decision 6/12-2019; Decision 7/13-2019. "Lelter of the Lezhë District Court no.13 1/1 Prot., dated on 18.02.2020; Letter of the Vlorë Administrative District Court no.128 Prot., dated on 17.02.2020; Lelter of the Vlorë District Court no.280 Prot., dated on 18.02.2020; Lelter of the Pogradec District Court no.27Prot., dated on 14.02.2020; Letter of the Tirana Administrative District Court no.1496 'l Prot., dated on 17 .02 .2020; Lelter of the Tirana District Court no.1396/1 Prot., dated on 21.02.2020; Lelter of the Shkodër Administrative District Court no.133 /1 Prot., dated on 20.02.2020; Letter of the Elbasan Administrative District Court no.179 Prot., dated on 17.02.2020; Letter of the Korçë District Court no .54 Prot., dated on 19.02.2020; Letter of the Kukës District Court no.115 Port., dated on 18.02.2020; Lelter of the Lushnjë District Court no.75/1 Prot., dated on 18.02.2020; Letter of the Pukë District Court no .60/lProt., dated on 17.02.2020; Letter of the Sarandë District Court no.! 01 Prot., dated on 14.02.2020; Letter of the Gjirokastër Administrative District Court no.120/1 Prot., dated on 17.02.2020; Letter of the Gjirokastër District Court no.30 Prot., dated on 19 .02.2020; Letter of the Mat District Court no .151 dated on 14.02.2020; Letter of the Fier District Court no.899/1 Prot., dated on 07.02.2020; Lelter of the Berat District Court no.281/1 Prot., dated on 17.02.2020; Lelter of the Krujë District Court no.21 /02 Prot., dated on 21.02.2020; Letter of the Përmet District Court no .114/1 Prot., dated on 19.02.2020; Letter of the Dibër District Court no74/ l Prot., dated on 13.02.2020; Letter of the Durrës District Court no .167/1 Prot., dated on 13.02.2020; Lelter of the Durrës Court of Appeal no.173/1 Prot., dated on 24.02.2020; Lelter of the Shkodër Court of Appeal no.314/1 Prot., dated on 17.02.2020; Letter of the Vlorë Court of Appeal no.113 Prot., dated on DH-DD(2020)325: Communication from Albania. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Year Requests Accepted

2019 93 19

Trials in the Constitutional Court

No referral has been filed with the Constitutional Court with the object of "finding the excessive length of judicial proceedings and just satisfaction" for the requests addressed before this 33 Court •

From the above statistics it is noted that the number of court cases for "finding the excessive length of judicial proceedings and their acceleration" is increasing, notwithstanding court decision-making, which has been justified in all cases of both the acceptance of the request and the dismissal. In such circumstances, the Government reiterates its assessment that the legislative changes to the Civil Procedure Code are an effective response to the ECtHR 's findings in this group of cases, in relation to acceleration of the proceedings in cases of excessive length, fair remuneration and the existence ofan effective remedy in such cases.

D. CONCLUSION

The Albanian Government, within six months, will present an action plan on the general measures ta be taken for excessive length ofjudicial proceedings and the management of the backlog, and will also inform the Committee about the progress of trials with the abject of ascertaining a reasonable time limit, taking measures ta accelerate the proceedings. The Government will also inform the Committee of Ministers, as soon as possible, of the individual measures in the case of "Luli v. Albania ", as well as the appointment of members to the Supreme Court and the Constitutional Court.

14.02.2020. Letter of the Tirana Administrative Court of Appeal no.70 Pro!., dated on 14.02.2020. Letter of the Vlorë Court of Appeal no.113 Prot., dated on 14.02.2020. "Letter of the Constitutional Court no. 86/ 1 Prot., dated on 17.02.2020