The 33rd issue of the "Advocacy" journal opens again with an “Editorial” dedicated to “Recalling some practical steps in managing court cases”. This is a quick look at several steps undertaken by several actors of the justice system (including lawyers, experts, etc.), which can lead to proactive management of judicial cases, worth recalling at this time of warranting cultures and subcultures.

            Furthermore, the “Documents” section provides a "Review of the 2008/115 EC Directive”, referring to CCBE comments, published on 29 March 2019, on the European Commission's proposal for the return of third country nationals illegally staying in the EU.

            The "Constitutional Law" carries an article entitled "The values, complexity and challenges of the Vetting process in Albania”. The author Erida Skëndaj, Executive Director of the Albanian Helsinki Committee provides a general overview of the justice reform and elaborates on some of the main issues of this reform: the vetting of judges and prosecutors as a unique model in the world; the evaluations and "reserves” of the Venice Commission on the Albanian Constitutional Annex to the vetting process; the participation of the public in this process; the role of international observers in monitoring the vetting process and their constitutional powers; questions about the vacancies arising in the judicial system due to the vetting process, and the respect for the right to due process, etc.

            Access to justice for vulnerable categories” is the title of an article under the “Harmonization” section. Its author Patricia Pogaçe, a Specialist at the Ministry of Justice, describes briefly the free legal aid system in the Republic of Albania, as a fundamental link of access to justice, which is a fundamental constitutional and conventional right. The article also analyses Law No. 111/2017, the innovations brought by such law, and the extent to which issues with the abrogated Law No. 10039/2008 are addressed by it. It also provides some information on the acts adopted, those under way of approval, as well as measures taken by the relevant institutions from a critical perspective, identifying some needs requiring no changes in the future.

            Next comes the “Criminal Law” section, where Florian Kalaja, Legal adviser to the High Court, introduces the readers to the “Criminal judgment boundaries in revisiting jurisdiction”. The author's aim is to clarify some controversial judicial issues related to how the exercising of revisiting jurisdiction is limited in criminal adjudication for the eventual purpose of achieving a constitutional balance between the need to ensure efficiency in this direction and guarantee the constitutional and conventional rights of those under trial.  In this context, the author initially explains the objective and subjective limits of this kind of adjudication, and looks later at such limits from the perspective of the non reformatio in peius principle, and at what happens with the implementation of this principle following the abrogation of the decision by the Constitutional Court. 

The “Family Law” carries an article on “Reduction of domestic violence through procedural instruments”. Its author Dr. Gerta Mehmeti, Lecturer at the University College ‘Pavarësia’, Vlora, intends to analyze the “core” of the civil procedural aspects related with the issuance of immediate protection orders, the concept of potential incidents in cases of domestic violence, priorities in adjudicating cases of such violence and the evidence used in the process, inspired by Article 29 of the Council of Europe Convention signed in Istanbul on 19 December 2011.

            Further, the “Civil Law” section carries an article on “Issues with the judicial practice regarding termination of the status of guarantor”. Its author Av. Etien Isak, Assistant Lecturer at the Law Faculty, University of Tirana, makes an introduction of the concept of termination of the status of guarantor, highlighting first the main elements that the respective contracts contain. He then addresses particularly judicial practices, their different interpretation on termination of guarantor’s term, and offers readers a systematic, literal, and comparative interpretation of guarantor with a view to unification in the implementation of provisions on the status of being a guarantor.

            Interpretation of contracts” is the title of an article written by Av. Dobalb Xibraku, Member of the Chamber of Lawyers of Tirana, under the “Institute” section. It focuses on the importance of interpretation, and the attention courts should pay, regardless of their discretion, to cases of a contractual nature. Thus, wrong interpretation of what the parties have agreed under a contract may sometimes lead to wrong remedies, deviating from the real intention the parties have expressed and have wanted to achieve through a contract, according to the author.

            The “Commercial Law” section refers specifically to the “Bank contracts”. Its author Kris Hasa, Lawyer at DATECH Shpk Tirana addresses some theoretic concepts used in such contracts with a view to making a research about the law, rather than in the law itself. It is from this perspective that the article addresses the issues raised in the article, such as: parties in bank contracts; distinctions between contracts depending on the bank operations; classification of bank contracts; good faith and the culpa in contrahendo doctrine in these contracts; adjudication of bank contracts and their inclusion under executive titles, etc.

            The “Horizons” section draws the readers’ attention to the “Civil responsibility in health care”. In this interesting article, its author Av. Erilda Papagjoni, Member of the Chamber of Lawyers in Tirana, identifies the main issues with the medical law and practice regarding the nature of civil medical responsibility, legal relations established between medical doctors, health institutions and patients on one hand, and types of lawsuits applied on the other. The article also gives an overview of the remedies to such issues based on the legal framework, as well as the doctrine and jurisprudence of other countries of the continental and common law.

            The “Historical and Legal Views” refers to the time “When the institutions of the democratic state started to be established in Albania”. This is an article by Dr. Elmaz Sherifi, a Lecturer at the University CollegeWisdom’ in Tirana. He wrote it on the occasion of the 100th anniversary of the Congress of Lushnje. The article explains what accelerated the holding of this Congress. It also identifies its organizers and opponents, as well as the important decisions of this Congress, which led to the initiation for the first time of the political parliamentary activity in Albania, i.e. the activity of the Head of the State and the operation of the judicial power at the same time.

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 “Index” offers us a full list of the “Names of authors and titles of articles published in the four issues of ‘Advocacy’ magazine in 2019”, with an indication of the page where each of them is found. The articles are listed in the alphabetical order.

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