The 36th issue of the "Advocacy" Journal opens, as usual, with an “Editorial", which this time is entitled “The reasonable benefit of payments for lawyers who provide secondary legal aid", which the Albanian Chamber of Lawyers advanced further in line with its e legal obligation to propose reasonable fees for the types of services to be provided by legal defendants against the 50% lower ones proposed earlier by the Ministry of Justice. These steps led to the signing of Joint Order No. 18, dated 5.8.2020 by the Minister of Justice and the Minister of Finances and Economy, determining the reward criteria for the service offered by lawyers, compensation fees, remuneration fees, and compensation for their expenditures. This sublegal act has already taken effect after its publication on the Official Gazette No. 157, 3 September 2020.

 

            The “Documents” section carries an article on “Feedback on the Roadmap on digitalisation of justice in the EU”. Through this Declaration issued on 4 September Of 2020, the Council of Bars and Law Societies of Europe (CCBE) welcomes the initiative of the European Union to support the digitization of proceedings, and to promote the interaction of various national and international systems, and to support the introduction of new technology in the day-to-day operation of the justice systems.

            The "Constitutional Law” section carries an article on “Efforts to challenge corruption”, Its author, Av. Xhulia Mulla, a Justice Ministry specialist, aims to focus on the legal and institutional aspects of the activity in this area, from the Justice Reform as an important step for the justice system, the establishment of new anti-corruption institutions, etc. bringing to attention the progress made so far and the challenges that have been undertaken and are under way, in the context of our country's integration process into the European Union.   

            The “Opinions” section contains an article “On the constitutionality of restrictions on the right of movement and economic freedom” where the author, Av. Megi Boshku (Islamaj) from the Law Firm ‘R Partners', Tirana, analyses, based on case law of the Constitutional Court, and by analogy with the provisions of other States, whether such restrictions can be made by the executive through normative acts with the power of law, while the Constitution of the Republic of Albania provides that such restrictions may be established only by law.

            The “Harmonisation” section carries an article addressing "Referrals for mediation by the tribunal and the prosecutor", where its author, Eda Noçka, Executive Director of ‘ALTRI’ Centre, makes a comparison of the Albanian legal framework on mediation with the European one. Although the applicable national law is not exhaustive in describing the means mentioned in this article, the author emphasizes that obligatory referral to mediation by a judge is considered the most appropriate model to refer to, as well as an effective model to promote the use of mediation.

            The competence of the Special Court and Prosecutor's Office during the execution of a criminal decision” is the topic chosen under the "Criminal Law" section by the Acting High Court Assistant Judge, Florjan Kalaja. The author concludes that the various legal solutions in the criminal proceedings against majors and minors, as well as Justice collaborators, have led to the allocation of judicial and prosecutorial competence to lose its constitutional and legal logic. Consequently, according to the author, major legal interventions are needed in the procedural criminal law to redress provisions that restrict and fragment the continuation of the special competence of the Special Court and Prosecutor's Office for the implementation of Article 135 and paragraph 4 of Article 148 of the Constitution.

            Furthermore, this number of the Journal continues with the “Legal Science” section, which this time carries an article on “Forensic expertise of documents”. In this article, its author, Dr. Estref Myftari from the Albanian Association of Legal Sciences takes a closer look at the development and scope of this scientific discipline, which is an important branch of Criminology, when it comes to the forensic examination of documents, focussing primarily on two dimensions: the graphic and technical expertise, explaining the methods for reaching the purposes of such expertise.

            A force majeure as the cause for non-execution of contracts” – is the title of an article under the "Civil Law" section. The author of this article, Av. Dr. Ardita Buna, Lecturer at the ‘Mediterranean University’ and a member of the Tirana Chamber of Lawyers, tries to legally answer a series of questions that have arisen recently, when Coronavirus has caused major difficulties for every business. The first question arising in these situations is: Who will pay for the costs caused or for their compensation? Furthermore: What is the incidence this virus has caused to non-fulfilment of contractual obligations?

            The “Institute” section carries an article on “Revocation of decisions or revision after revocation of a decision?”. In this article, the author, Av. Dr. Gavrosh Andoni, a member of the Tirana Chamber of Lawyers, following research in the local and foreign doctrine, expresses his view, that the Review Institute must be divided into two separate institutes. While the review of applications for revocation, and the subsequent review of the case must be made by the same judge or panel of judges that has already examined the case and taken the decision that is subject to the application for revocation, and then reviewed.

The “Commercial Law" section in this issue takes the reader to "Judgement of commercial papers", as the title of the article suggests Its author, Kris Hasa, a lawyer in the legal studio ‘Frost & Fire Consulting’ in Tirana, addresses the subject in terms of the legal basis of commercial papers, their definition as executive titles, the judgment of commercial papers in the trade dispute section, charges for unjustified prosperity, contracting or extra-contracting damage compensation, depreciation of commercial papers, etc.

            The “Historical and Legal Views” refer to the "Direction followed by Europe after the War to generously demonstrate its values”, on the occasion of the 70th anniversary of the signing of the European Convention for the Protection of Human Rights and Fundamental Freedoms on 5 November 1950. The author of this commemorative article, Ilir Dhima, from the Editorial Office of the ‘Advocacy’ journal, emphasizes two of the main reasons that explain the urgent involvement of the Member States of the Council of Europe on the issue of human rights, and then focusses on the content of the Convention, with some of the specific aspects of the extensive case law of Strasbourg bodies and to the place this Convention takes in the constitutional order of Albania.

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.

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