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IPA 2012 / AL 12 IB JH 02

Twinning Project Improvement of the Enforcement System in Albania

Analysis of Training Needsof the Enforcement Agents in Albania

Authors:

Mrs. Zlatislava Mihailova

Mr. Jos Uitdehaag

The project is funded by the
European Union

2 November 2015

The content of this publication is the sole responsibility of the expert team and can in no way be taken to reflect the views of the European Union

Contents

Contents:

Abbreviations

1. Introduction

1.1. Background to this TNA......

1.2. Objectives

1.3. International perspectives: initial training

1.4. International perspectives: ongoing training

2. Survey; methodology and conclusions

2.1. Introduction......

2.2. Training Development Circle......

2.2. The conducted survey

2.2.1. Method used

2.2.2. Target Groups

2.2.3. Representation

2.3. Results of the conducted survey......

2.3.1. Results from the SEA workshop

2.3.2. General findings

2.3.2. The results from the survey

3. Training structures

3.1. Introduction......

3.2. Creation of a School of Enforcement......

3.3. Cooperation with other training institutions......

3.4. The role of universities......

4. Scope of training programme

4.1. The outcomes of the survey......

4.2. The scope of the training curriculum......

5. Training Method and methodology

5.1. Introduction......

5.2. Training Methodology......

5.3. Frequency of Trainings......

5.4. Training materials......

5.5. A core group of trainers......

5.6. Evaluation of the training......

5.7. Assessment of the training needs......

Attachment 1: questionnaire

Attachment 2: topics and competences specified

2.1. Topics SEA

2.2. Competences PEA......

2.3. Topics PEA useful......

2.4. Topics PEA important......

Abbreviations

CEAChamber of Private Enforcement Agents

EUEuropean Union

GDEGeneral Directorate of Enforcement (Ministry of Justice)

MoJMinistry of Justice

ProjectThe Twinning Project “Improvement of the Enforcement System in Albania”

PEAPrivate Enforcement Agent(s)

SEAState Enforcement Agent(s)

TNATraining Needs Assessment

ToTTraining of Trainers

UIHJInternational Union of Enforcement Agents

1. Introduction

1.1. Background to this TNA

A Training Needs Analysis (TNA) can be defined as the identification of training requirements and the most cost effective means of meeting those requirements (the level of existing skills and knowledge is compared with the desired level of such skills and knowledge).

The present TNA is a direct result of Activity 3.1: “Develop a training strategy and curricula for initial and transitional trainings for enforcement agents along European standards under the EU Twinning Project "Improvement of the Enforcement System in Albania" , EU Twinning Contract No. AL/12/IB/JH/02.

During the period 28th September - 2nd October 2015 the authors of this document conducted the analysis on site in Tirana, meeting with all stakeholders, exploring and confirming needs and expectations.

Training within the scope of this TNA means the (broad) variety of techniques and means aimed at the acquisition of skills, concepts and attitudes that result in an improved performance specifically by SEA and PEA having to deal with the enforcement of enforceable documents in civil and commercial matters. It means that the TNA excludes law students currently studying law as well as judges (or other persons within the judiciary charged with enforcement tasks).

The development of a training curriculum for PEA and SEA, including initial and ongoing training, is one of the priorities within the Project.A training that should focus on all institutions necessary to establish a well functioning enforcement system: MoJ Department for Judicial Professions, the Chamber of PEAs, the individual PEA and SEA and the judiciary.

The TNA is conducted at a time when both players in the enforcement system have declared their determination to strengthen their professionalism and improve performance of enforcement agents. This is also in line with the preparation of the strategy for the development of the reforms in the justice sector of the Ad Hoc Committee created by Parliament.

1.2. Objectives

The purpose of this TNA is to identify training requirements of both public and private enforcement agents, led by the mainobjective of improving the professionalism and the performance of enforcement. To consider the key factors in assessing the current training needs, any existing training programs (judicial and management) and provide recommendations for building strong professional training curricula and ensure satisfaction of future needs for improving the professionalism of enforcement agents in Albania. The present analysis will try to envision also the most feasible, realistic and cost-effective means of meeting those requirements and needs in line with best European practices. The objective is also to identify the gaps in skills and knowledge of enforcement agents and respond with a reliable and comprehensive training programme for initial and continuous training.

The necessity for training seems obvious. If we look further into detail a distinction can be made between initial training and continuous (ongoing) training.

Initial training

There is an obvious and urgent training need for those PEA and SEA that newly enter the profession. Despite the broad theoretical knowledge (a law degree is one of the requirements for appointment) there is a lack of practical knowledge and experience. The present system of PEAs does not foresee in an internship or traineeship. The internship within SEA is limited to three months only. Attention is necessary in both the “hard skills” (e.g. proper handling of files, decision making within the case) and “soft skills” such as practical knowledge on communication with parties.

Continuous training

The working environment of both SEA and PEA is rather dynamic. This requires the concept of “life long learning”. The enforcement agent is not a simple enforcer, but should be considered as a service provider: no longer it is sufficient to simply apply the Enforcement Code. `enforcement related legal topics demand knowledge of a broad scale of legislation that applies and influences the work of the enforcement agent. Also other aspects need to be considered in an enforcement case such as the social aspects.

1.3. International perspectives: initial training

CEPEJ in its 2009 Guidelines on enforcement underlines the importance of training prior to appointment as an enforcement agent:

“For the fair administration of justice it is important that the quality of enforcement should be guaranteed. Member states should accredit enforcement agents only if the candidates concerned are of a standard and training commensurate with the complexity of their tasks. A high quality of training of professionals is important for the service of justice and to increase the trust of users in their justice system.

Initial and continuous training could encompass:

  • The principles and objectives of enforcement;
  • Professional conduct and ethics;
  • Stages in the enforcement process;
  • The appropriateness, organization and implementation of enforcement measures;
  • The legal framework;
  • Role-playing and practical exercises as appropriate;
  • Assessment of trainees' knowledge;
  • International enforcement of judicial decisions and other enforceable titles.”[1]

UIHJ, the International Union of Judicial Officers has done a survey on training among its 86 member countries (47 countries responded). The most important results:

2.3 / Question UIHJ survey / Worldwide
In % / Europe
In %
No level required / 13,64 / 17,86
One year of law study or equivalent / 4,55 / 0
Two years of law study or equivalent / 0 / 0
Three years of law study or equivalent / 18,18 / 21,43
Four years of law study or equivalent (Master 1 or equivalent) / 36,36 / 25
Five years of law study or equivalent (Master 2 or equivalent / 25 / 35,71
More than five years of law study (doctorate, PhD or equivalent) / 2,27 / 0

Table 1 To become a judicial officer: what is the minimum level of legal education required? (Source UIHJ survey; question 2.3)

World wide in % / Europe in %
Question UIHJ survey / Yes / No / Yes / No
2.5 / To become judicial officer: does an initial professional training exist / 66,67 / 33,33 / 70,37 / 29,63
2.6 / To become judicial officer, is a prior professional training generally compulsory? / 70,59 / 29,41 / 65 / 35
2.7 / Can you be dispensed of this training in exceptional cases (for instance if you have an experience in another legal profession, such as a judge or a lawyer)? / 58,82 / 41,18 / 65 / 35
2.12 / Is the theoretical training provided by the profession? / 76,67 / 23,33 / 75 / 25
2.13 / Does the training include practical training? / 88,24 / 11,76 / 90,48 / 9,52

Table 2: some data regarding initial training (Source: survey UIHJ)

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Table 3 Length of the initial training, worldwide (Source Survey UIHJ; question 2.28)

Table 4 Length of the initial training in Europe (Source: Survey UIHJ; question 2:28)

Table 5 Status on training in Europe (Source: UIHJ;

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1.4. International perspectives: ongoing training

From the same UIHJ survey:

Table 6 Compulsory ongoing training in Europe (Source: Survey UIHJ; question 2:28)

Table 7 Duration ongoing training in Europe (Source: Survey UIHJ; question 2:28)

Table 8 Organization of ongoing training in Europe (Source: Survey UIHJ; question 2:28)

Table 9 Topics in ongoing training in Europe (Source: Survey UIHJ; question 2:28)

2. Survey; methodology and conclusions

2.1. Introduction

Figure 1: Performance Improvement Cycle

The methodology applied for the present analysis is an integrated one, following the competencies approach. Twinning experts have identified in the preparatory stage of the assignment key competencies of enforcement agents based on the recommendations of CEPEJ (CEPEJ Guidelines of 17th December 2009), as a combination of theoretical and practical knowledge and skills necessary to practice the profession. [2]

Various sources have been taken into account, among: (1) interaction with the target audience (SEA and PEA); (2) surveys and (3) other sources (e.g. legalliterature).

2.2. Training Development Circle

The first step in conducting the needs assessment is to begin with exploring “needs” which can be identified as a gap between what is currently in place and what is needed, now and in the future. Some needs are critical and well articulated by the target audience, while there are some covert ones that the target audience are not aware of. It was the responsibility of the experts to uncover the hidden needs, as well as to confirm obvious ones. For these purposes the authors have designed specialized questionnaires. Circulating the questionnaires and processing feedback is the first stage of the TNA.

Confirming results and comparing to experts' experience and best European practices is the second stage. Once the need assessment is completed and training objectives are clearly identified, the design phase of the training and development process is initiated. Training of trainers using a unified methodology for training and curriculum development is the next stage, once it is completed, the training is ready for implementation.

The final phase is the evaluation of the training to see whether the training objectives were met.

Thus the cycle is completed and a new training needs assessment is to be carried out following the implementation of the training plan.

Figure 2: Training Development Circle

2.2. The conducted survey

2.2.1. Method used

Two sets of questionnaires (Attachment 1 and Attachment 2), designed to cover the full range of competencies and respective training topics were distributed among all enforcement agents.

The respondents were asked to rate the competencies based on two criteria - how useful these are to them in performing their job and how important these are for their job performance. A self-assessment evaluation effort was added to identify gaps.

These three criteria were rated on a scale of 1 to 5, where each possible rating was assigned an explanation and the competencies were clearly described to avoid misunderstandings and improve enforcement agent awareness. In addition to these criteria, evaluated quantitatively, two columns were attached to provide room for qualitative evaluation of areas for improvement, where the respondents have the chance to point out the needs they clearly see and are aware of, and at the same time they were given different training forms options to express their preferred way of training.

The forms were circulated more than ten days before the start of the mission, translated in Albanian and allowing ample time to consider them. Feedback from these standardized questionnaires was collected and processed by the experts. During the first meetings with enforcement agents survey results were shared and discussed with them and respondents were given a chance to justify their reactions and confirm the validity of results.

After the initial analysis and discussion of the collected questionnaires, experts conducted subsequent in-depth interviews with 1 to 5 respondents from each target group in order to verify the findings, collect additional information and clarify the shared views and recommendations.

The approach that was adopted in the present survey is based on identifying and agreeing on key competencies for enforcement agents, defining those competences, discussing with enforcement agents and confirming results.

Competences are knowledge and skills, where the knowledge is the theoretical understanding of the subject matter and the ability to recall and orient oneself in complex legal cases and situations and skills are abilities to implement in practice and perform enforcement activities.

The following aspects were considered:

  • Organization/s and its goal and objectives
  • Jobs and tasks that need to be performed
  • Competences and skills that are needed for performing enforcement agent’s function
  • Individuals and their specific characteristics;

Structured and semi-structured interviews and discussions with all stakeholders were carried out during the week in Tirana to establish training needs. The first group experts met was the heads of the regional offices of the General Directorate of Enforcement. All 22 Presidents of Regional Offices were present during the two day meetings, together with the General Director, Mr. Pilo and took active part in the discussions. They had to present their associations concerning training, their understanding of what is needed in this field and share their major issues and concerns. An honest and open exchange of ideas resulted in identifying main training needs. The general agreement is that training is much needed and is of utmost importance for the enforcement agents.

Following the CEPEJ Guidelines training of enforcement agents should be of a high level and a combination of theoretical and practical training. It should include legal knowledge, managerial skills, ethical and professional standards, monitoring and institutional management aspects. Experts built the questionnaires along these recommendations and best European practices. Eight main competencies were identifies and researched. These are legal knowledge, Enforcement Procedures, Business Skills, Analytical Skills, Communication Skills, Influencing Skills, Quality Focus and Time Management. These competencies are reflected in the topics, divided into six main categories:

1. Effective and Efficient Execution

2. Business Skills

3. Professional Ethics

4. Monitoring

5. Organizational Management

6. Other competencies - IT, languages, etc.

2.2.2.Target Groups

As mentioned earlier, the analysis included all enforcement agents, irrespective of their public or private quality, MOJ inspectors, representatives of universities, law department, training organizations, banks and other clients represented by attorneys.

A joint discussion was held with all Heads of Regional Offices of the General Directorate of Enforcement, as well as group meetings with the representatives of the General Council of the National Chamber of Private Enforcement agents. Individual in-depth interviews were conducted with the representatives of banks legal departments, attorneys and university lecturers.

2.2.3.Representation

Thebest-case scenario objective aimedat receiving responses from all enforcement agents. The response rate was as high as75% of SEA (43 public enforcement agents responded, out of a total of 57), while for PEA only 13% returned the forms (21 out of 160).

As far as representation is concerned, the results are satisfactory, taking into consideration that results were discussed further during extensive meetings with the respondents. Some 22 SEA, all heads of regional offices of the General Directorate of Enforcement, or 51% participated in the meetings and 33%of private enforcement agents, all of them members of the Council of the National Chamber of Private Enforcement agents.

In terms of geographical coverage, the survey covered all regions of Albania.

2.3. Results of the conducted survey

2.3.1. Results from the SEA workshop

The results from the workshop conducted with SEA include the following:

  • Awareness of training needs was raised;
  • Importance of training was increased;
  • Training needs were identified and evaluated;
  • Specific topics were identified and rated according to their usefulness adimportance;
  • Prospective trainers were identified: these are:
  • Arjola Feshti - Responsible for Personnel and Services Sector / DPP,
  • Merita Tirana - Head of Elbasan Office,
  • Alban Gusho - Enforcement agent Tirana Office,
  • Dorina Saja - Enforcement agent Tirana Office and
  • Antoneta Palaj - Inspector/Inspection Directorate DPP;
  • People felt heard and their opinion appreciated;
  • Contribution was promised to collecting court decisions and case studies to be used for training purposes.

Experts also met with the members of the Councilof the National Chamber of Private Enforcement agents (CEA), representatives of banks, advocates, trainers, training institutions and donors.

2.3.2. General findings

Among the variety of topics the top five identified by experts are as follows:

SEA:

  1. Effective and Efficient Enforcement
  2. Lobbying and Advocacy
  3. Professional Ethics
  4. Communication
  5. Legal English

PEA:

  1. Effective and efficient enforcement
  2. EU standards for Enforcement, International Best Practices
  3. Professional Ethics
  4. Lobbying and Advocacy
  5. Professional Standards and Fair Competition

The key factor influencing the performance of State Enforcement agents (SEA) is the political uncertainty of their existence. SEAlive under the constant stress and fear of the service being closed down. According to participants in the workshop, the discussion of abolishing the state enforcement system has been recently initiated in Parliament and it is directly reflected in the training needs identified by enforcement agents. To the surprise of the experts, processed questionnaires showed the biggest importance of training related to Lobbying and Advocacy. Participating enforcement agents confirmed that such a topic has a top priority for them in order to be able to respond and influence possible adverse political decisions.