You are on page 1of 4

SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRTARIAT DU COMITE DES MINISTRES

Contact: Simon Palmer Tel: 03.88.41.26.12

DH - DD(2011)919E *

Item reference: Action plan / action report

Please find enclosed a communication from Albania concerning the case of Mishgjoni against Albania (Application No. 18381/05).

Rfrence du point : Plan d'action / Bilan d'action

Veuillez trouver, ci-joint, une communication de l'Albanie relative l'affaire Mishgjoni contre Albanie (Requte n 18381/05) (Anglais uniquement).

[S

In the application of Article 21.b of the rules of procedure of the Committee of Ministers, it is understood that distribution of documents at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers (CM/Del/Dec(2001)772/1.4). / Dans le cadre de l'application de l'article 21.b du Rglement intrieur du Comit des Ministres, il est entendu que la distribution de documents la demande d'un reprsentant se fait sous la seule responsabilit dudit reprsentant, sans prjuger de la position juridique ou politique du Comit des Ministres CM/Del/Dec(2001)772/1.4).

hq ip

tar ja.

co m]
Date: 16/11/2011 *

ACTION PLAN CASE MISHGJONI v. ALBANIA

CASE MISHGJONI, APPLICATION NO.18381/05, JUDGMENT DATE 7.12.2010, FINAL ON 7.03.2011 1) INDIVIDUAL MEASURES

[S hq

2. More concretely, the Constitutional Court ruled on annulment as unconstitutional of Decision no.130, dated 15.07.2002 of the High Council of Justice and Decision No.83, dated 18.11.2002 of the Joint Bench of the Supreme Court, that decided the dissmisal of the applicant from her duty as judge in the District Court of Vlora. The Constitutional Court, send the case for re examination before the High Council of Justice. After the case was re-examined, the High Council of Justice decided by Decision no.235/7, dated 24.10.2008 to dissmiss the application due to the discreditable behaviour that applicant manifested during her duties , that demage the function and figure of judge, in violation of the prestige that judicial authorities must endorse, as well as for professional incompetencies. The applicant, challenged this decision before the Supreme Court, which by Decision No.6, Dated 6.02.2009, decided to reverse the decision of High Council of Justice no.235/7, dated 24.10.2008 and reinstated the applicant to the former duty. Complying with this decision, the authorities have reinstated the applicant in the duty as judge in the District Court of Vlora, as of 27.02.2009. 3. The Court considered that the applicant may have suffered a certain amount of stress and frustration as a result of the length of the proceedings affecting her livelihood and awarded her EUR 2,000 for non-pecuniary damage and 1000 euro for costs and expenses. Also, the Court has not discerned in this case any causal link between the violations found and the pecuniary damage alleged. 4. Considering that the applicant has been reinstated in the former duty as judge in the District Court of Vlora, the authorities consider that no other individual measures are necessary.

ipt

ar

ja.

1. This case concerns applicant Mirela Mishgjoni, who has complained about excesive delays of administrative and judicial proceedings relating to the enforcement of Constitutional Court decision date 12.11.2004, which decided the unfairness of the proceedings concerning her dismissal from her duty as a judge. In the present case, the Court has found a violation of Article 6 1 of the Convention in regard to the length of the dismissal proceedings and, of the Article 13 in conjunction with Article 61, in regard to the lack of an effective remedy in respect to the length of those proceedings.

co

m ]

2) GENERAL MEASURES

5. Criminal Procedural Code has been amended by law no.10052, date 29.12.2008, aiming to attain the good administration of justice. Such amendment has improved the standard of judicial proceedings, concerning the summoning of parties to trial and ensuring reasonable length of proceedings according to the provisions of Article 6 of European Convention.

[S hq
3) JUST SATISFACTION

9. The High Council of Justice by official letter no.763/1, dated 20.05.2011in his capacity to exercise constitutional and legal supervision over the activity of domestic courts has carried two thematic inspections on the excessive lengths of judicial proceedings. One of the inspections has been finalized with the adoption of a report reflecting the malpractices identified from the judicial practice. The report for the other inspection shall be provided soon. The inspection has covered the district courts of Tirana, Shkodra, Durr s, Vlora, and the District Court of Grave Criminal Offences of Tirana. The report also, designates some proposals for legal initiatives concerning the excessive length of criminal proceedings. 10. In addition, the High Council of Justice has created a working group to discern deficiencies during implementation of Law On advocacy. Such debates shall involve also representatives from civil society, General Prosecution Office, the Central Chamber on Advocacy and the Ministry of Justice. 11. The authorities will keep the Committee informed on the implementation of the general measures that have been announced, the adoption of which is under way.

12. The amount of just satisfaction in the value 3000 euro has been paid in favor of applicant Mirela Mishgjoni, based on the Decision of Council of Ministers no.282, dated 6.04.201. The

ipt

ar

8. Such legal initiatives are included in the analytic program of Ministry of Justice for year 2011, for the drafting of two bylaws that shall pass for final adoption before the Council of Ministers during the last three months of year 2011.

ja.

7. The Ministry of Justice by official letter no.422/1, date 10.02.2011, has confirmed that it has undertaken two legal initiatives: the amendment of Civil Procedural Code and Criminal procedural Code, in compliance with the EU directives, on excessive length of proceedings aiming to achieve a transparent, effective and rapid judicial process. Also, such amendments aim to address the issue of tactic behavior of lawyers who cause artificial delay and excessive length of proceedings when do not appear in the judicial sessions on purpose.

co

6. All domestic courts have established Electronic Database System for management of civil cases. This system provides a joint network for the domestic courts, by improving communication and access to information on judicial sessions, judicial decisions, and the current state of proceeding.

m ]

amount in value 432 300 leek has been allocated in the bank account no. 0000880615 in Raiffaisen Bank, through the Order Payment of Ministry of Finance no. 296, dated 27.04.2011.

[S hq

ipt

ar

ja.

co

m ]