The Supreme Court of Albania is the highest court of Albania and is the
final court of appeal in the Albanian justice system. The Supreme Court
of Albania is composed of fourteen judges: the Chief Justice of Albania
and thirteen Judges.
Background
Supreme Court, based in Tirana, is the highest judicial power in the
Republic of Albania. Its main mission is to review, upon request of the
parties, the decisions of the courts of lower instances.
History
The period 1913-1920 marks the first steps towards the creation of the
institutions of the new Albanian state. The Assembly of Vlora and the
Government of Ismail Qemali took measures about the re-organization of
justice in the new independent state. With the “Kanuni i Zhurise” (Canon
of Jury), approved in 1913, was predicted the creation of “Court of
Dictation” and also the courts of first instance of Sub-prefectures,
which were competent on judging the civil cases and offences, and also
was created the court with a jury, where representatives of the people
judged the penal cases. This system, that was applied in a case of
Elbasan, did not give the expected results, as a result it was cancelled
by a decree, date 4 June 1914, when was put in application the law
about the courts of justice in Albania, in base of which the Initial,
Appeal and “Dictation” courts were created. Also, by decree date 4 June
1914, were made some small changes in the organization of justice of
1913.
Period 1920-1939
During the years 1920-1939 the main problems in the justice field, that
represented a great importance to our state, were the legal reform and
the re-organization of the judicial institutions and the qualification
of their staff. Independently of the fact that the first steps were done
with “Kanuni i Zhurise” in the years 20 started to be crystallized
better the organization and the functioning of the judicial system.
Until 1925 the process in the civil and penal cases was managed by:
The Courts of Peace
The 1st level Courts, which were divided in Initial courts and Collegial
Courts. The Court of Dictation, ( this was the nomination of the
Supreme Court) which was divided in Civil Chamber and Penal Chamber The
Courts of Peace were organized in every sub-prefecture’s center and in
base of such organization were divided in Courts of Peace of the 1st,
2nd and 3rd level. The Courts of Peace and the Initial Court were
constituted by one judge and the Collegial Courts were constituted by
one judge (the Initial Judge) and two Members. Every branch and Court of
Dictation was composed by the Chairman, four Members and one
Assistant-member. By decree-law on the organization of the courts of
justice, date 2 May 1925, the Courts of Justice were organized in:
First level Courts
Appeal Courts
Dictation Courts (Supreme Court), with its center in the capital. The Dictation Court was still organized in two Chambers:
The Civil cases Chamber;
The Penal cases Chamber.
One Chairman, four Members, one Assistant-member, one Chief secretary
and the necessary number of secretaries constituted every Chamber of the
Dictation Court clerks and servants. Near to the this court were
situated one Chief prosecutor, one Assistant Chief prosecutor, one
secretary, one keeper of records-archivist and one servant. Each of the
Chairmen of the Dictation Court presided his Chamber, but in case of the
general meeting, the position of Chairman belonged to the Chairman of
the Civil Chamber. During the period 1920-1940, the Dictation Court is
known for its decisions of a high professional level, in a regular trial
process. In the decisions of the Dictation Courts can be noticed the
high quality and the scientific and convincing argument. General
characteristic of the judicial practice was that the judges made efforts
to protect the courts independence in distributing justice. In its
decisions, the Dictation Court has showed its honesty and impartiality.
Communist Period (1944-1990)
The law for judicial organization of 1951 divides the Supreme Court into juridical colleges:
Penal college
Civil college
Military college
Disciplinary college.
Every College judged its own cases of material competence with a panel
composed by the Chairman, one member of the Supreme Court and two
assistants.
Interesting is the fact that the Disciplinary college used to deal with
disciplinary records of popular courts, chairman and members of military
courts, members of Supreme Court with a jury made of 1 Chairman or the
vice chairman and 2 members of Supreme Court appointed by the Chairman.
Supreme Court judged in its plenum composed of the chairman, vice
chairman and all the members of the Supreme Court. The directions if the
Plenum of the Supreme Court like the whole judicial thought were
directed by the policy and the ideology of the communists regime.
Especially, this influence has affected seriously the penal aspect, with
wide interpretations on Penal Code. The generalizations of the judicial
practice made by the Supreme Court have served to orientate the lower
level courts so they can judge cases according the political
imperatives, the ideology and that time legislation of a dictatorial
state. Also the Plenum of the Supreme Court have issued directions in
civil, familiar, heredity, labor and procedural matters.
Post Communist time (1992)
The collapse and fall of totalitarian communist system brought great
necessary changes in all fields of life and an adoption of contemporary
judicial systems. Important changes were needed also in the area of
Justice so an independent judicial system could be applied in for a
justice which will be focused on the principles of legacy and equality
of people in front of the law based on full respect of justice.
With law 7491 dated 29.04.2001 “About the main constitutional
dispositions, People’s Assembly decided that the Court of Cassation,
Courts of Appeal, Courts of first instance and Military courts would
compose the judicial system in Albania. As we see the name of Supreme
Court has changed into Court of Cassation, which is the highest judicial
authority. According to this law People’s assembly upon President’s
proposal elects Chief Justice and his vice.
Judges are elected by People’s Assembly once in 7 years and reserve the right to be reelected.
Court of Cassation cannot deal with any matters of first instance,
whereas regarding matters of second instance only when provided by law.
Today, the Supreme Court of the Republic of Albania function based on
law nr. 8588, dt. 15/3/2000: “On the organization and functioning of the
Supreme Court of the Republic of Albania”.
It is organized in a Civil and Penal panel and also in Joint Panels
which judge cases defined by law. On the conditions of the new
democratic system towards a democratic and united Europe the Supreme
Court of the Republic of Albania continues its efforts for the
application of the principles of the state of law.
Monday, October 8, 2012
Judicial system of albania
The judicial system includes district courts, six courts of appeal and a
supreme court, or Court of Cassation. The district courts are trial
level courts from which appeal can be taken to the court of appeals and
then to the Court of Cassation. At each of the three levels, the courts
are divided into civil, criminal and military chambers. Justices of the
Supreme Court serve for 7 years.
There is also a Constitutional Court (also known as the High Court) with jurisdiction to resolve questions of constitutional interpretation that arise during the course of any case on appeal. In a 1993 decision, the Constitutional Court invalidated a law that would have disbarred lawyers who were active during the communist era, and ordered the lawyers reinstated. Justices of the Constitutional Court serve a maximum of 9 years.
Parliament appoints the seven members of the Court of Cassation and five of the nine judges on the Constitutional Court, with the rest appointed by the president. A Supreme Judicial Council appoints all other judges. In 1992, the Supreme Judicial Council began to remove judges who had served under the former Communist regime.
Although the constitution provides for an independent judiciary, the system is plagued by a lack of resources and trained staff, and is subject to political pressure, intimidation, and corruption.
( Source : http://www.nationsencyclopedia.com )
There is also a Constitutional Court (also known as the High Court) with jurisdiction to resolve questions of constitutional interpretation that arise during the course of any case on appeal. In a 1993 decision, the Constitutional Court invalidated a law that would have disbarred lawyers who were active during the communist era, and ordered the lawyers reinstated. Justices of the Constitutional Court serve a maximum of 9 years.
Parliament appoints the seven members of the Court of Cassation and five of the nine judges on the Constitutional Court, with the rest appointed by the president. A Supreme Judicial Council appoints all other judges. In 1992, the Supreme Judicial Council began to remove judges who had served under the former Communist regime.
Although the constitution provides for an independent judiciary, the system is plagued by a lack of resources and trained staff, and is subject to political pressure, intimidation, and corruption.
Criminal Justice System Of Albania
The development of the criminal justice system of Albania is in line
with that of other European socialist countries. Following the
establishment of the People's Republic of Albania in 1946, the model for
criminal justice was taken from the USSR.
At the time of the establishment of the People's Republic, the 1929
Penal Code of the former Kingdom of Albania was in force. Between 1945
and 1952, separate enactments on penal law and criminal procedure were
adopted to remedy the immediate need for reform. A completely new penal
code was adopted in 1952. In connection with the constitutional reform
of 1977, the penal code was also reformed. This 1977 Penal Code has been
amended since then. A totally new penal code, reflecting the extensive
changes in the constitution adopted at the end of 1990 and the beginning
of 1991, shall be submitted to the People's Assembly in June 1991. It
has been under preparation for three years.
The code of criminal procedure was first adopted in 1953. Since the
1970s, the 1953 Code has been extensively amended in order to correct
the influences of Soviet legislation and Soviet legal theory. The
present Code of Criminal Procedure (adopted by law no. 6069 on 25
December 1979) consolidated many of these amendments.
In 1968, a system of advocates was established. Following the changes
noted above, a draft for a new Code of Criminal Procedure shall be
submitted to the People's Assembly in September 1991.
The draft Constitution which is to be discussed by the new pluralist
Parliament constituted after the general election of 31 March 1991
contains several proposed amendments of the system of state organs and
of the judicial system. The draft Constitution is based on the principle
of the separation of powers.
THE POLICE
The police force comprises the uniformed police, the criminal
investigation police, the traffic department, the laboratory for
criminalistics, and the fire department. The uniformed police, in turn,
consists of one division for the maintenance of order, and one division
for special guard duties (such as the guarding of government buildings,
as ordered by the Council of Ministers).
The total police force, not including the fire department, consists of
5000 persons.
The police are organized in 26 district police forces, each of which has
a uniformed police department, a criminal investigation department, and
a fire department. The central administration is the responsibility of
the national police department of the Ministry for Internal Affairs.
Police training is provided at a two-year academy for non- commissioned
officers and a four-year academy for officers. Of the curriculum of the
two academies, 30 % of the subjects are law- related, 30 %
"professional", and the remaining 40 % assorted other subjects (such as
languages and physical training). 80 % of the officers have a secondary
school diploma.
THE INVESTIGATION AND PROSECUTION OF OFFENCES
Previously, according to the 1953 Code of Criminal Procedure, the
investigation and prosecution of offences was to be carried out by the
investigators of the office of the public prosecutor, by officers of the
State Security Department of the Ministry of Internal Affairs, and by
constables of local departments of the police force.
Bodies responsible for law enforcement in administrative sectors, such
as finance, health care, trade, and customs, had the right, within the
scope of their jurisdiction, to gather evidence and bring this to the
attention of the police or the office of the public prosecutor.
In all cases, the public prosecutor had the right to supervise the
investigation of the case. The prosecutor had the authority to give
binding orders on the conduct of the investigation, to issue warrants
for arrest or searches, to dismiss the case, and to submit investigated
cases to the examination of the court. The prosecutor had the right to
prepare the indictment which was the basis for the court hearing.
The 1953 Code of Criminal Procedure granted public prosecutors and
bodies responsible for pre-trial investigation the right to initiate
cases in court. A case could be initiated only if there was sufficient
evidence of the probable guilt of a suspect.
The 1979 Code of Criminal Procedure concentrated the responsibility for
the investigation of offences into a single centralized body
subordinated to the Ministry of Internal Affairs. This body was
comprised of the Department of Investigation in the Ministry, and the
district level offices of investigation that are subordinated to the
district bodies for internal affairs. The right of the police and other
administrative bodies to investigate offences ceased. Their legal
obligation was solely to report cases directly to the court or to the
office of investigation.
The 1979 Code also restricted the role of the prosecutor in the pre-
trial investigation. The prosecutor had the right to control the
legality of investigation and prosecution.
In connection with an amendment of the Constitution (law no. 6799 of 29
June 1983), the Code of Criminal Procedure was again amended in respect
of the investigation of offences. The responsibility for pre-trial
investigation was separated from the Ministry of Internal Affairs, and
turned over to the General Office of Investigation and to district
offices of investigation. The Director of the General Office of
Investigation is appointed by the People's Assembly. The offices of
investigation have the right to prosecute and investigate all criminal
cases, with the exception of those subject to private prosecution or to
the simplified pre-trial investigation noted above.
Decree no. 7177 of the Presidium of the People's Assembly (20 November
1987) granted the prosecutor the right to initiate the criminal case, to
bring certain cases where the evidence of guilt is manifest directly to
court, and to approve or overrule the principal procedural decisions of
the investigators. This decree strengthened the role of the public
prosecutor in the criminal process and, in some respects, created a
duality between the bodies of public prosecution and the higher bodies
responsible for investigation.
In 1990, the advocates (defence counsel) were provided with the right to
participate in all acts of pre-trial investigation. This, together with
the amendments described above, created the necessity for the present
work on total revision of the Code of Criminal Procedure.
Currently, the police have the power of arrest for up to three days. The
public prosecutor has the power of arrest for up to three months. Under
the reform presently underway, the powers of arrest held by the
prosecutor shall be repealed. All detainees must be brought to a court
within three days of their apprehension.
Certain petty criminal offences (such as defamation and petty assault)
may be prosecuted as private prosecution offences. Certain other petty
criminal offences are subject to a simplified pre-trial investigation
conducted by the local police, the offices of investigation, public
prosecutors or military units.
THE COURT SYSTEM
Albania has three levels of courts, the district courts, the territorial
(zonal) courts and the Supreme Court.
The 26 district courts are the first instance for almost all criminal
and civil cases. Sessions are presided over by a legally trained judge,
who is normally assisted by two lay assessors. In certain more important
cases, the judge will be assisted by four lay assessors. Decisions are
made by a majority vote. The lay assessors do not receive any special
training for their duties.
The district court judges are elected by a general vote of all the
citizens of the district. They are also subject to removal by the voters
or the local council.
The case (including the preparatory inquiry used in the more difficult
cases) is always dealt with by the full complement of judge and
assessors. This has led to a heavy case load in at least some courts.
However, the average length of the procedure, from the commission of the
offence to the court sentence, is estimated to be two months.
Decisions by district courts can be appealed by the defendant and the
prosecutor if the sentence is imprisonment for at least one month, re-
education for at least three months, or a fine of 100 leks. In addition,
the Minister of Justice, the President of the Supreme Court and the
General Prosecutor have the right to "present a demand for the defence
of law against court decisions of final form" (art. 179(4) of the Code
of Penal Procedure, as amended by Law no. 7386 of 8 May 1990).
The six zonal courts are, as a rule, courts of appeal. As an exception
to this rule, they are the first instance for certain important cases,
as decided by the President of the Supreme Court.
The zonal court judges are elected for a three-year term by the councils
of all the districts comprising the zone. The local councils may also
decide on removal of a judge.
The Supreme Court is the highest judicial body in Albania. In addition
to its appellate responsibilities, it is the first instance for the more
serious offences indicated by the President of the Supreme Court. It
has three divisions: penal, civil and military. The procedure before the
Supreme Court in appellate proceedings is written.
The members of the Supreme Court are elected by the People's Assembly.
The Presidium of the People's Assembly may decide on the pre-term
appointment or removal of a single member of the Supreme Court.
A plenary session of the Supreme Court has the power to issue mandatory
guidelines to the district courts. Such guidelines have been issued on,
inter alia, the criteria for sentencing in such offences as theft or
robbery of state property, homicide, and crimes in office.
Before 1990, Albania also had a network of village, city and
neighbourhood courts (comparable to the social courts or peer courts
found in some other Eastern European countries). These were abolished by
Law no. 7383 of 8 May 1990, "On Social Courts", which established a new
social court. This social court deals with minor criminal offences that
do not pose a great threat to society, and with some civil complaints.
It is solely a conciliatory body, with no powers to enforce its
decision. It has no powers, for example, to impose punishment.
If reconciliation fails, the case goes to the district court. However,
the district court judge has the discretion to renew the attempt at
reconciliation, before taking up the case formally (art. 125 of the Code
of Penal Procedure, as amended by Law no. 7386 of 8 May 1990).
According to the draft Constitution presently under discussion, the
judicial system is to operate independently of other state organs. The
Superior Council of the Judiciary, which is presided over by the
President of the Republic, is to have the right to appoint judges and
other magistrates as well as reprimand or remove them.
THE ENFORCEMENT OF SENTENCES
The forms of punishment are imprisonment, re-education and fines.
At the moment (January 1991), Albania reports some 3 100 prisoners. Of
these, only 19 prisoners are reported to be in the 14-17 year- old
bracket. In addition, 145 juveniles are in special re- education
centres. 41 % of the prisoners are recidivist prisoners.
44 % of the prisoners work in the mining industry. Other major fields
are agriculture and construction. The expansion of handicrafts is being
considered. Since the beginning of 1990, furloughs have been granted on a
discretionary basis. A total of 310 have been granted, and in all
except one case the conditions have been fulfilled.
Prisons do not report any particular disciplinary problems. Each prison
has a council of re-education, which is elected by the prisoners
themselves. This council is responsible, for example, for the
arrangement of hygiene, and for some disciplinary matters. Homosexuality
(which is illegal in Albania) causes some problems, as does card-
playing. No narcotics problems are reported. Tattooing, which is a
problem in certain other Eastern European countries, is no longer
regarded as a problem; earlier, it was particularly prevalent among
young offenders.
Parole can be granted after one half of the prison term has been
completed, and the offender has shown through his work and behaviour
that he has been reformed. Parole can be proposed by state organs and
social organizations, and the decision is made by the court. Revocation
of parole is possible if the offender commits a new offence during the
parole period which is at least as serious as the first offence (art.
42c, as amended by Law no. 7380 of 8 May 1990).
Three amnesties have been granted over the past ten years. The most
recent amnesty, on 1 January 1989, affected 35 % of the prison
population.
THE MINISTRY OF JUSTICE
Up to 1990, the duties of the Ministry of Justice were dealt with by a
special division of the Supreme Court. The Ministry of Justice was
established by Law no. 7381 of 9 May 1990, which took immediate effect.
The Ministry deals, among others, with the following: a) it oversees the
organization and functioning of the courts and the Bar; b) it directs
and controls the activity of the courts, the court records office, the
bailiff's office, the notary's office, and the register of personal
dwellings (however, it does not have the right to intervene in the
judicial process, which is independent of the Ministry); c) it
administers the system of statistics of the judicial organs, the office
of investigation, the public prosecutor's office and the office of state
arbitration; d) it prepares legislative drafts on questions within its
ambit, and reviews legislative drafts in other fields; e) it arranges
for the necessary training of lawyers who work for the State, f) it
directs the criminalistics and forensic medicine services, and g) it
represents Albania in international relations with other judicial
bodies.
During the near future, some elements shall be transferred from the
Ministry of Internal Affairs to the Ministry of Justice. These include
in particular the Prison Department.
THE BAR
The Bar was established on the basis of a 1990 reform (Law on the
Advocacy in the People's Socialist Republic of Albania, Law no. 7382 of 8
May 1990; and amendment of art. 9, 10 and 14 of the Code of Penal
Procedure, law no. 7387 of 8 May 1990). Before the establishment of the
Bar, defendants (and others in need of legal counseling) were assisted
by legally trained officials ("advisers"), as established by Decree 4277
of 20 July 1967. The duties of such advisers did not extend to the
investigation phase.
The primary purpose of the advocacy is to assist defendants during the
investigation and the trial, and serve as counsel in civil and
administrative cases (art. 1 of the Law on Advocacy). Participation of
an advocate is compulsory if the defendant is a minor (14-17,
inclusive), or is incapable of defending himself because of physical or
mental defects.
The Bar consists of collegiums of advocates (art. 4 of the Law on
Advocacy). Membership is restricted to persons with a law degree and at
least three years of experience as lawyers. The Minister of Justice may
grant exceptions from these requirements (art. 5).
The Bar is overseen by a Supervisory Council established in the Ministry
of Justice. This Council consists of the Min-ister, the deputy
Minister, the head of the department, and four advocates elected by the
assembly of all collegiums of advocates. The Council decides on the
admission of a lawyer as a member of a collegium (art. 6 of the Law on
Advocacy). The Council is also responsible for disciplinary measures
(art. 15).
The Law on Advocacy contains provisions on, inter alia, the rights and
obligations of advocates. Article 13 stipulates that the Ministry of
Justice, in cooperation with the Ministry of Finance, determines the
schedule of fees, and all fees are paid to the account of the collegium
as a whole. The income thus accruing is shared among the members of the
collegium on the basis of rules issued by the Minister of Justice.
Advocates do not have a monopoly on the presentation of cases in court.
Individual citizens remain free to present their own case to court.
REFORM OF CRIMINAL LAW
At the end of 1990 and the beginning of 1991, considerable political and
constitutional changes have been made in Albania. The most significant
is the adoption of pluralist democracy (the establishment of different
political parties). These and other changes require extensive reform of
criminal law. In addition, although the authorities stress that Albania
has no problems with such offences as narcotics, organized crime or
illegal trade in weapons, the new criminal law shall include provisions
on these and other internationally recognized offences. During 1990, the
use of capital punishment was considerably reduced (art. 22 of the
Penal Code; amended by Law no. 7380 of 8 May 1990). It can now be used
for only a few of the more serious offences, such as homicide, treason,
terrorism, diversion (incitement to commit sabotage) and sabotage, and
espionage. Capital punishment may not be imposed on offenders below 18
years of age, or on women.
At the same time, the offence of treason was redefined. Unlawful
migration is no longer regarded as treason, but as "illegal trespass of a
border". The offence of agitation and propaganda was also redefined, so
that it is now limited to acts "which are aimed at the overthrow of the
social and state order established in the People's Socialist Republic
of Albania", including fascist and war- mongering propaganda. As one of
the results of the latter reform, the spreading of religious propaganda
is no longer punishable as agitation and propaganda (art. 58, as amended
by Law no. 7380 of 8 May 1990).
The 1990 reform also adopted provisions on prescription of prosecution
and prescription of the enforcement of sentences, as well as provisions
on rehabilitation ("extinction of penalty" for those who have been
reformed through re-education) (art. 39-42b, as amended by Law no. 7380
of 8 May 1990).
REFORM OF PROCEDURAL LAW
The authorities stress that the Albanian state has always abided by, and
its legislation has always reflected, the requirements and spirit of a
number of international agreements, such as the Charter of the United
Nations, the Universal Declaration on Human Rights, and the
International Pact on Civil and Political Rights.
Along with the changes noted above, criminal procedure is to be
reformed. The most important element of this change is an emphasis on
the independence of the judiciary and of the Bar.
-----
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Supreme Court of Albania
Background
Supreme Court, based in Tirana, is the highest judicial power in the Republic of Albania. Its main mission is to review, upon request of the parties, the decisions of the courts of lower instances.
History
The period 1913-1920 marks the first steps towards the creation of the institutions of the new Albanian state. The Assembly of Vlora and the Government of Ismail Qemali took measures about the re-organization of justice in the new independent state. With the “Kanuni i Zhurise” (Canon of Jury), approved in 1913, was predicted the creation of “Court of Dictation” and also the courts of first instance of Sub-prefectures, which were competent on judging the civil cases and offences, and also was created the court with a jury, where representatives of the people judged the penal cases. This system, that was applied in a case of Elbasan, did not give the expected results, as a result it was cancelled by a decree, date 4 June 1914, when was put in application the law about the courts of justice in Albania, in base of which the Initial, Appeal and “Dictation” courts were created. Also, by decree date 4 June 1914, were made some small changes in the organization of justice of 1913.
Period 1920-1939
During the years 1920-1939 the main problems in the justice field, that represented a great importance to our state, were the legal reform and the re-organization of the judicial institutions and the qualification of their staff. Independently of the fact that the first steps were done with “Kanuni i Zhurise” in the years 20 started to be crystallized better the organization and the functioning of the judicial system.
Until 1925 the process in the civil and penal cases was managed by:
The Courts of Peace
The 1st level Courts, which were divided in Initial courts and Collegial Courts. The Court of Dictation, ( this was the nomination of the Supreme Court) which was divided in Civil Chamber and Penal Chamber The Courts of Peace were organized in every sub-prefecture’s center and in base of such organization were divided in Courts of Peace of the 1st, 2nd and 3rd level. The Courts of Peace and the Initial Court were constituted by one judge and the Collegial Courts were constituted by one judge (the Initial Judge) and two Members. Every branch and Court of Dictation was composed by the Chairman, four Members and one Assistant-member. By decree-law on the organization of the courts of justice, date 2 May 1925, the Courts of Justice were organized in:
First level Courts
Appeal Courts
Dictation Courts (Supreme Court), with its center in the capital. The Dictation Court was still organized in two Chambers:
The Civil cases Chamber;
The Penal cases Chamber.
One Chairman, four Members, one Assistant-member, one Chief secretary and the necessary number of secretaries constituted every Chamber of the Dictation Court clerks and servants. Near to the this court were situated one Chief prosecutor, one Assistant Chief prosecutor, one secretary, one keeper of records-archivist and one servant. Each of the Chairmen of the Dictation Court presided his Chamber, but in case of the general meeting, the position of Chairman belonged to the Chairman of the Civil Chamber. During the period 1920-1940, the Dictation Court is known for its decisions of a high professional level, in a regular trial process. In the decisions of the Dictation Courts can be noticed the high quality and the scientific and convincing argument. General characteristic of the judicial practice was that the judges made efforts to protect the courts independence in distributing justice. In its decisions, the Dictation Court has showed its honesty and impartiality.
Communist Period (1944-1990)
The law for judicial organization of 1951 divides the Supreme Court into juridical colleges:
Penal college
Civil college
Military college
Disciplinary college.
Every College judged its own cases of material competence with a panel composed by the Chairman, one member of the Supreme Court and two assistants.
Interesting is the fact that the Disciplinary college used to deal with disciplinary records of popular courts, chairman and members of military courts, members of Supreme Court with a jury made of 1 Chairman or the vice chairman and 2 members of Supreme Court appointed by the Chairman. Supreme Court judged in its plenum composed of the chairman, vice chairman and all the members of the Supreme Court. The directions if the Plenum of the Supreme Court like the whole judicial thought were directed by the policy and the ideology of the communists regime. Especially, this influence has affected seriously the penal aspect, with wide interpretations on Penal Code. The generalizations of the judicial practice made by the Supreme Court have served to orientate the lower level courts so they can judge cases according the political imperatives, the ideology and that time legislation of a dictatorial state. Also the Plenum of the Supreme Court have issued directions in civil, familiar, heredity, labor and procedural matters.
Post Communist time (1992)
The collapse and fall of totalitarian communist system brought great necessary changes in all fields of life and an adoption of contemporary judicial systems. Important changes were needed also in the area of Justice so an independent judicial system could be applied in for a justice which will be focused on the principles of legacy and equality of people in front of the law based on full respect of justice.
With law 7491 dated 29.04.2001 “About the main constitutional dispositions, People’s Assembly decided that the Court of Cassation, Courts of Appeal, Courts of first instance and Military courts would compose the judicial system in Albania. As we see the name of Supreme Court has changed into Court of Cassation, which is the highest judicial authority. According to this law People’s assembly upon President’s proposal elects Chief Justice and his vice.
Judges are elected by People’s Assembly once in 7 years and reserve the right to be reelected.
Court of Cassation cannot deal with any matters of first instance, whereas regarding matters of second instance only when provided by law.
Today, the Supreme Court of the Republic of Albania function based on law nr. 8588, dt. 15/3/2000: “On the organization and functioning of the Supreme Court of the Republic of Albania”.
It is organized in a Civil and Penal panel and also in Joint Panels which judge cases defined by law. On the conditions of the new democratic system towards a democratic and united Europe the Supreme Court of the Republic of Albania continues its efforts for the application of the principles of the state of law.
The Kanun and the Early Constitutional Laws
Constitution of Albania
What is tolerance? It is the consequence of humanity....
...We are all formed of frailty and error; let us pardon reciprocally each other's folly - that is the first law of nature.
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