The 30th issue of the ‘Advocacy’ journal opens with an “Editorial” entitled “Lawyers in defense of the Rule of Law”, emphasizing that lawyers play a vital role in defending the rule of law by taking a position or steps in non-legal situations, and by protecting the citizens’ rights, opposing sometimes even the state authorities themselves. Similarly, any episodes of concern to the detriment of this role may equally be considered a violation of the Rule of Law.

 

            The “Documents” section contains the “CCBE Manifest on EU 2019 Elections”, where the Council of Bars and Law Societies of Europe (CCBE) explains why it is important for the citizens and business to rely on respect for human dignity, freedom, democracy, rule of law and respect for human rights. This document represents a summary of the recommendations made by European Bars and their members to support the Rule of Law and fundamental rights, through the consolidation of the rule of lawyers in various fields of promoting the Rule of Law.

            The “Constitutional Law” contains an article on “The rights of patients and the role of lawyers in defending them”. Its author, Doc. Pjereta Agalliu, a Lecturer at the ‘Albanian University’, Tirana, addresses the expansion of the dimension of protection of health according to Article 21 and 44 of the Constitution of the Republic of Albania, European Convention on Protection of Fundamental Human Rights and Freedoms, as well as a catalogue of other international acts in this area, focusing particularly on the guaranties embodied in the charter of patients’ rights, analyzing them from the European perspective of the respective documents and the practical approach in our country, explaining the principles and efficiency of such rights.

            Government in the law-making process” is the title of an article by Av. Vasil Bendo, a Member of the Chamber of Lawyers of Tirana, published under the “Administrative Law” section. The main objective of this article is to address the redrafting of the organic law and regulations of the government in the law-drafting and law-making process for purposes of establishing a fairer balance of legal initiatives between the executive and the law-making power. In this context, its author suggests a decreased role of the government and harmonized joint responsibility in the law-making process.

The “Criminal Law” contains an article entitled “Issues with the review of final criminal court sentences”, where its author, Spiro Spiro, a former Member of the High Court of the Republic of Albania, Tirana, explains first the meaning and cases of final criminal court decisions, and continues to describe the status of persons, who apply for a review of such sentences, the scope of these applications, evading procedures, cases of review and adjudication of the merits of such applications, review of cases following acceptance of review applications, and final decisions. This comprehensive article, sometimes including a doctrine perspective, includes, among others, some reserves towards amendments made in 2017 to the Code of Criminal Procedures of the Republic of Albania, including prohibition of review of final criminal court sentences to the detriment of the defendant.

The “Legal Sciences” section contains an article entitled “A psychological view of the application of the principle of the child’s highest interest in the process of divorce”. Its author, Klodjan Gega, clinical psychologist in Tirana, tries to make a more exhaustive analyzes of the evaluation of the child’s highest interest, when in case of divorce, professionals tend to make a narrow interpretation of the legal framework, based on certain elements only, such as economic security or education in analyzing this principle.

The “Harmonization” section regarding the drafting of legal acts and institutes of the law in this journal publishes an article by Engert Pëllumbi, a legal Adviser to the High Court in Tirana, entitled: “Juridical issues related with the wining status of limitations by titles”, focusing mainly on the legislative omission of article 168/1 of our Civil Code, as well as on the anti-constitutionality of this provision. Finally, the author concludes that considering that the Civil Code actually in force was adopted 25 years ago and the fact that the ways of gaining ownership are now increased and not restricted to the classical ways foreseen by this Code, it is up to the courts to interpret its provisions in compliance with the current standards of development.

The “Civil Law” section contains an article entitled “The Certificate of Heritage from the perspective of the new law on the Notary Service”, through which its author, Av. Krenar B. Troci, a Member of the Local Notary Chamber in Durrës, tries to contribute to the development and the improvement of the legal framework applicable to the institute of  heritage, at a time when regardless of a new law approved on the Notary services, the problems faced by the notaries in their daily work, as an institute of law, regarding the certificate of heritage are not finally resolved. The analysis made in this article, particularly the analysis of how certificates of heritage are issued, may represent the basis to promote a legal debate on issues addressed in this article and other related with law 110/2018 “On the Notary Service”.

The “Historical – Legal Perspective” of this issue of the journal contains an article entitled “On the concept and functioning of local self-governance” by Enea Sherifi, the Administrator of ‘Sherifi’ Law Firm in Tirana. The author describes first the ideas of governance decentralization since its establishment and the introduction of the notion of State - Nation. He later describes when decentralization of the government in Albania started, including the Proclamation of Independence in 1912 and the first pluralist elections of 1991. The author further addresses how decentralization is covered by the Constitution of the Republic of Albania in compliance with the principles and requirements of the European Charter of Local Autonomy.

The editorial office decided to provide another “Glossary” under the “Etymology” section, which explains the meaning and origin of some specific terms, which are a result of a multi-annual research by Av. Vladimir Molla.

            This issue includes also a “Humor & Satire” section, containing the permanent title “Eulogy of Calamandrei”, which brings some anecdotes and personal experience of this distinguished Italian lawyer (1889-1956). This piece, which often reflect the often fragile relationships between the parties in a civil case – lawyers and judges – are translated into a proper and smooth Albanian language for our readers by Dr. Henrik Ligori, the Deputy Chief Prosecutor for Serious Crimes.

Finally, the “Announcements” section invites advocates, advocate-assistants, and other legal professionals to send their articles, explaining the criteria they have to meet.