TOPICS OF THE CONTINUOUS TRAINING PROGRAM 2012 -2015
No / COURSE / CODE/FIELD(CODE A) CIVIL LAW AND CIVIL PROCEDURE SUBJECTS)
1. / A 01 / Procedural aspects of the right to sue..
· The principle of the availability to sue.
· Civil and procedural reports between the parties in the civil process;
· The law suits that can’t be arise and the contradictory case law on that issue;.
· Legal causes of breaking legal decisions by the High Court.
2. / A 02 / Law suit prescription
· The sues not subject to the prescription;
· General prescription and special prescription;
· Termination and suspension of prescription, the legal consequences arising from suit prescription.
· The distinction of sue from the preclusivity or the decadence of rights.
· The case law and the problems arising from the interpretation and law implementation for the term of putting into execution the judicial decision.
3. / A 03 / · Damages, compensation and the compulsory insurance contract in the transport sector.
· The effects of law no. 10076/12.2.2009 “On the compulsory insurance in the transport sector” as amended by laws in power.
· The impact of the unifying decision no. 14/12.09.2007 of the Unifying collages of the High Court, in judicial practices..
4. / A 04 / Extra damage and the responsibilities coming from.
· Ways and the awarding criteria of such damages.
· Non-property damage and its new meanings.
· Albanian judicial practice and the jurisprudence of ECHR, on extra responsibilities.
5. / A 05 / Problems forwarded to Albanian Judiciary about the components of the civil status and the relevant legislation.
6. / A 06 / Requests or the lawsuit requests on legal aid in civil and administrative fields.
7. / A 07 / A testamentary legacy.
· Contradictions between the testator’s will and the legal conditions under Civil Code..
· The invalidity of the testament, theoretical issues and case law.
· Legal and practical issues related to the legal reserve.
8. / A 08 / Inheritance by law.
· Protection of the right of inheritance.
· The lawsuit seeking the inheritance, the inheritance return, the recognition of the inheritor, the sue conditions..
9. / A 09 / The executive titles in civil procedure and the executive titles in the meaning of special law.
· Rejection of the Bailiff actions and the invalidity of Executive Title;
· Standards according to the article 6 of the ECHR and the jurisprudence of ECHR concerning the execution of final decision within a reasonable time.
· Acts of granting the bank credit as an Executive Title and the notion of Executive Order related to it- Legal issues encountered during the jurisprudence tolerance and the contradiction of the Execution order.
10. / A 10 / Civil Security measures to the lawsuit.
· Integral measures of the Civil Procedural Code provisions that order the obligatory execution.
· Unified Judicial practice regarding the Civil Security measures to the lawsuit. The appeal in case of the rejection of security measures..
· Application to the cases of the execution of bank loan contracts..
11. / A 11 / The letters rogatory in civil area in domestic law and private international law.
· Obtaining the evidence by letters rogatory. Theoretical and practical problems of the Albanian Judiciary in private international law in relation to the letters rogatory.
· Letters rogatory model and standardized formats.
12. / A 12 / Civil and administrative contracts and their international and domestic arbitration.
· Conflict resolution through arbitration.
· The Court Appeal arbitration decisions.
13. / A 13 / The entrepreneurship contract in the construction area.
· The difference from the contract of order.
· The risk of enterprise and its forms.
· The transfer of the ownership on enterprises in the construction of real estates.
· The case law regarding the performance of the enterprise contractual obligations.
14. / A 14 / Problems transferred to the Albanian Judiciary in the implementation of the legislation in Custom area.
15. / A 15 / Problems transferred to the Albanian Judiciary in the implementation of the legislation in Taxation area.
· Legal aspects.
· Practical aspects. The High Court Jurisprudence.
16. / A 16 / The right of property. Albanian legislation and and the High Court Jurisprudence.
· The combination of legislation on property restitution with the legislation for legalization and urbanization of illegal constructions.
· Registration of Real Estate and related issues with Real Estate registration law and litigation.
· Servitudes about the legalization process assets.
· Treatment of law: On Territorial Planning”, that has abolished the law: “On Urban Planning”. Its application i practice.
17. / A 17 / Property and life insurance contracts.
· The compulsory and voluntary insurance contract
· Methods and criteria of compensation arising from insurance contract.
18. / A 18 / The principle of a fair legal process.
· The role of the Appeal Court in the “control” of the observance of this principle.
· Evidences, the right of objection and the role of litigants in respect of the principle for a fair legal process.
· Case management at a trial under the Article 6 ECHR standards.
· The jurisprudence of the Constitutional Court, High Court and ECHR .
19. / A 19 / The role of the Hague Convention on Private law issues.
· The role of the competent authorities according conventions and and the cooperation with judiciary.
· Convention on the service of the judicial and extra judicial documents in civil and commercial matters (the forms prescribed by the Convention).
20. / A 20 / Copyright.
21. / A 21 / Antitrust (case law):
a) Albanian experience concerning the :
· The abuse of dominant position (mobile phone cases,) of production market instead of hydrocarbon );
· The prohibited agreements or cartels (cases of insurance market, the market for the import wheat and flour production);
b) European experience
· The abuse in dominant position (Microsoft case);
· Cartels.
22. / A 22 / Concentration control (case law);
a) Albanian experience (Competition Commission decisions);
b) European experience;
23. / A 23 / Civil liability arising from the product defect.
24. / A 24 / Legal and practical aspects on the expropriation issues.
· Understanding the public interest in matters of expropriation and temporary taking of private property.
· A comparative look at the orientation of judicial practice;
No. / (CODE B) CRIMINAL LAW AND CRIMINAL PROCEDURE LAW
1. / B 01 / Providing the medical measures for compulsory medication.
· The execution of these court decisions;
· Monitoring the implementation of the measure in court.
2. / B 02 / Treatment of detainees and prisoners in the penitentiary and their right to complain in court and administrative proceedings. Treating the detainees having mental deceases.
3. / B 03 / Evidences taken against law, uselessness of procedural acts. The invalidity of these procedural acts.
· The criteria of the distinction from the invalidity of acts.
· Problems of invalidity of the acts on the approach and duration of protection guarantees of the criminal process.
· High Court and ECHR Jurisprudence.
4. / B 04 / Evidences and their types.
· The clues and the evaluation criteria.
· Scientific evidence.
· High Court Problems and jurisprudence..
· The development of science and the impact during the criminal process in the view point of scientific evidence.
5. / B 05 / Civil claim i the criminal process. European experience.
6. / B 06 / Trafficking of human beings. Aspects of the investigation and trial.
· International Convention in the area (UNEC and EU directives).
· The understanding and elements of criminal offence of trafficking the persons. The difference from other similar offences such as: prostitution, exploitation of prostitution.
· Internal trafficking and the comparison with the transnational one.
· Trafficking the minors and the difference from the abuse of minors.
· Trafficking the persons and new forms of exploitation, begging, organ removal etc.)
· Trafficking and the difference by helping the illegal crossing of borders.
· Coordinating the investigation between the police and prosecutors.
7. / B 07 / Access of victims in criminal proceeding.
· Legal representation of the victims of trafficking. A comparative overview of the domestic legal framework and the international standards.
· The compensation for the victims of trafficking, government schemes for compensation and the rehabilitation of victims of trafficking.
8. / B 08 / Criminal offences related to commercial companies.
· The undertaking criminal defense.
· Case law on criminal responsibility of legal persons.
9. / B 09 / The alternative sentences after the sentence system reform (semi freedom, public interest work, stay at home, suspended sentence, probation service) and their execution. Jurisprudence and the approach with European experience.
10. / B 10 / New charges.
· The difference between qualification of the offence, in ordinary judgment and the summary trial (nullum crimen, nulla poena sine praviea lege).
· The jurisprudence e Court and ECHR (Article 34 of the Constitution and article 7 of ECHR).
11. / B 11 / The offences “cleaning of the proceeds of crime or criminal activity”.
· Problems identified in the stage of investigation and trial.
· Money laundering and the procedural aspects.
· Legislation international standards and Warsaw Convention ratified in Albania.
· Money laundering and financing terrorism (article 287, 287/b and 230 and following the criminal code.
· Criminal and financial investigation.
· Confiscation.
· Law practice and the Jurisprudence of High Court.
12. / B 12 / Criminal offences related to corruption.
· Legal provisions and international instruments in this area.
· Best practices on the investigations and the trial of corruption offences in accordance with.
· Corruption and organized crime.
13. / B 13 / Management of criminal scene.
· Management of the crime scene.
· Risk management.
· Information and intelligence management.
· Telephone communication and data analyses.
· Special measures and the authorization of undercover source.
14. / B 14 / The role of persecutor in deciding to begin the criminal proceedings, suspension and dismissal of case investigation.
Providing an equal, fair legal process.
· Objection in court of decision of dismissal or failure of of starting the procedures by the prosecutor.
· Practical procedural problems identified in prosecution, judicial practice and the Jurisprudence in High Court.
15. / B 15 / Trial in absentia during the criminal process.
· Restoring in term of the right to complain/the recourse and the problems identified in the Jurisprudence of the High Court, CC and ECHR.
· High Court aspects of Jurisprudence, in an analogy (in approach with the decisions of ECHRA..
16. / B 16 / The review in criminal law.
· Decisions that may could be reviewed.
· Cases and review procedures.
· Judgment of the review, in view of the Jurisprudence of HC, CC and ECHR.
17. / B 17 / The news brought by the new law on the amendments and the filling to the Criminal Code.
· Understanding and interpretation of the new norms according to their works for their proper and effective implementation.
· Decriminalization of defamation, insult, respect for private life, the preservation of image etc.
(Meaning, interpretation and application of the provisions of the New Criminal Procedure Code as amended (whether the expected changes are made before the training thematic program).
18. / B 18 / Computer Crimes
· Understanding the elements of new figures of the Cyber Crimes).
· Cyber Fraud in the banking system. The relation to the criminal act. “Falsification of the securities”.
· Fraud in insurance, subsidies and loans.
· Cyber fraud.
· Cyber fraud and electronic evidence.. (IPA)
19. / B 19 / The meaning of fraud in insurance. Section 145/b of the Criminal Code. Problems identified with the proceedings and related legal qualification of the act. The difference of this act with other offences committed by fraud and its competition with other offences.
20. / B 20 / The problems arising during the investigation.
· The cooperation police-prosecutor..
· Decision-making and the authority.
· The deadline of the initial investigation, their duration, the procedure to be followed and the consequences may be caused by the violation.
· Problems identified in in judicial practice and the Jurisprudence of the High Court and Constitutional Court.
21. / B 21 / Law on preventing and combating the organized crime.
· Understanding and application of new concepts. Investigation of criminal assets and reconciliation with the criminal investigation;
· High Court Jurisprudence.
22. / B 22 / The offence of Drug Trafficking.
· Methods of investigation of drug trafficking offences.
· The implementation of special methods;
· Problems of case law on the meaning of cooperation and attempt to perform this act;
23. / B 23 / The meaning of the specific forms of cooperation. Practical problems of the distinction between the the group and and the structured criminal organization, in analogy with the international conventions and foreign norm..
24. / B 24 / High Court Jurisprudence on against the Albanian issues in criminal area. Their implementation in judicial practices.
25. / B 25 / Means of searching evidence. Their recognition and implementation.
26. / B 26 / Questions to the defendant, the statements of the co- defendants or defendants in related proceedings.
· The evaluation criteria derived facts.
· Relevant regime of allowed readings.
· The respect of adversarial approach with the Jurisprudence of ECHR.
27. / B 27 / Criminal offence and its types.
· Elements.
· Types of classification;
· The attempt.
28. / B 28 / Crimes against the environment.
29. / B 29 / The recognition and guarantee of the right to be defended by a public defender in criminal process.
· Application for recognition by photo.
· The respect for the duration of the judicial proceedings according to the law.
· The defendant insurance in court, as well as the state functionaries (judicial police officers).