Like any other issues of the Journal, this issue also opens with its Editorial: "Justice must be touched and felt", which addresses the position of the Steering Committee of the Albanian Bar Association in contesting the version of the New Judicial Map drafted by the High Judicial Council. Such contestation came as a decision of this Committee to boycott almost all court proceedings for several days in a row, in response to the drastic reduction of the number of courts throughout the country.

 

"CCBE on the Pegasus scandal" has been selected for the "Documents" section this time. The document reveals that there was a leak of more than 50,000 phone numbers selected for surveillance purposes with Pegasus, a spyware sold by the Israeli company NSO Group. The CCBE expresses serious concern about the so-called Pegasus scandal and possible wiretapping, or surveillance, of lawyers. In this regard, the CCBE has consistently emphasized the importance of professional secrecy and legal privilege.

Under the heading "Constitutional Law" lies the paper entitled "Respect for reasonable legal deadlines in terms of judicial system reform", authored by Av. Migena Ramçi, specialist in the field of administrative legal issues, MES, Tirana. In this paper the author dwells on the concept of reasonable legal principle in terms of changes in legislation, in the framework of Justice Reform, as well as the practical implementation of this principle in the context of reforming the judicial system in Albania, according to the practice of Albanian courts and of the ECHR. The aim is to address the effectiveness of the mechanism provided for in Chapter X of the Code of Civil Procedure in the context of a lack of human resources in the judicial system and the large volume of cases left untried for a long time.

The section “Harmonizations" contains the paper "Electoral Reform vs. electoral crime”. The author, Reald Keta, Legal Expert on Electoral Issues, Tirana focuses on taking measures as soon as possible to amend the legal electoral framework for the next local elections. These measures should affect the fight against electoral crime as sporadic individual behavior, or even more, as a systematic organized effort, which affects the integrity of the electoral process and may even distort the election result itself. 

The "Criminal Law" section carries a paper entitled "Pre-bankruptcy criminal offenses: Observation on issues related to the subjective side and cooperation", as the second part of the trilogy in dealing with this area. Author, Avv. Prof Assoc. Dr. Ersi Bozheku, Lecturer in Criminal Law at the Doctoral School of Sapienza University, Rome (Italy) addresses the subjective side of the criminal offenses of 'provoked bankruptcy' and 'concealment of bankruptcy status' and the problems related to commission of such offences by way of collaboration.

Next, Dr. Gerta Mehmeti, Lecturer at the University College 'Pavaresia', Vlora presents her paper under the "Family Law" section, entitled "Legal effects that gender reassignment can bring to the civil status and family." She emphasizes, among others, the need for the adoption of a law regulating issues related to the recognition and change of gender identity as a right of every individual, in cases this identity does not match what is reflected in the birth certificate.

The "Civil Law" section of this issue of the journal focuses on "Procedural position of the parties in the civil process of medical malpractice", which addresses the issues identified for active legitimacy, focusing in particular on the use of the appropriate lawsuit as efficiently as possible by the person affected. Its author, Av. Erilda Papagjoni, Member of the Local Chamber of Advocates, Tirana also addresses the issues and problems identified for passive legitimacy which, due to the nature of the relationship established between the parties, in these cases is more complex. On the other hand, selecting the right person to be summoned as a respondent is meanwhile a key element to the success of the lawsuit.

The same section includes also a paper entitled: "Legal action for the transfer of ownership and the conditions of its validity" written by Eleni Sava, Legal Advisor at Independent Qualification Committee, Tirana. The author emphasizes that the main principle that should guide the parties in concluding a pledge-sale contract is trust, which is provided in the Albanian Legislation as one of the rules of interpretation of contracts in general, and as a condition for its conclusion, although as a concept there is no definition in the Civil Code.

Whereas in the section "Intellectual Property" lies a part of the workCharacteristics of the work as an object of copyright compiled by Av.Dr. Oltion Spiro, Lecturer at 'Barleti' University, Law Office 'Loloci & Associates', Member of the Local Chamber of Advocates, Tirana. This paper refers to Law 35/2016 "On copyright and related rights", as amended, which defines the work, object of protection of copyright, as any original intellectual creation in the field of literature, art and science, which carries individual characteristics, regardless of the manner or form of expression, objective, significance, unless otherwise provided in this law.

"Historical-Legal Views" focuses on "Transfer of the detention system under the Ministry of Justice" in which the author, Av. Andi Muratej Advisor to the High Prosecutorial Council, Tirana writes about the detention system after the '90s from the perspective legal issues and solutions, until the current situation is reached, with a significant impact as a risk to human rights.

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  "New publications" corner in this issue carries the volume "A new and valuable book on private international law" by Olti Skrame, whose purpose is to present as clearly as possible the evolution of the legislation of private international law in Albania, as well as the evolution of the jurisprudence of the High Court of the Republic of Albania in matters of private international law, in order to increase the practical knowledge on the manner of accurate, fair, complete and rapid resolution of disputes with foreign elements.

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