European Commission and Council of Europe Joint Programme of Cooperation with Albania (Joint Programme - Albania IV)

Transcription

1 DSP (2004) 6 18 May 2004 (English only) European Commission and Council of Europe Joint Programme of Cooperation with Albania (Joint Programme - Albania IV) First Steering Committee Meeting (Tirana, 17 March 2004) Meeting Report Information document prepared by the Directorate of Strategic Planning (DSP)

2 I. Introduction 2 The first tripartite Steering Committee meeting of the Joint Programme for support to the School of Magistrates, to the organisation and Training of the Legal Professions and to the Promotion of Human Rights in Albania (Joint Programme Albania IV), between the European Commission, Council of Europe and the Albanian authorities took place in Tirana on 17 March The meeting brought together high-level partners from the institutions involved in the implementation of this Joint Programme (an agenda of the meeting [appendix 1] and a list of participants [appendix 2] are appended). Mr. Gavin Evans, Head of Operations of the EC Delegation in Tirana, chaired the meeting. The Council of Europe's delegation was headed by Mr. Roberto Lamponi, Director of Legal Cooperation, and the Albanian delegation was headed by Mr. Adrian Dvorani, Director of the Codification Department in the Albanian Ministry of Justice. Mr. Guy-Michel Brandtner, Special Adviser, who took up his duties in Tirana on 1 March 2004, was also present at the meeting. The European Commission and Council of Europe representatives and the Albanian authorities discussed the implementation of the Joint Programme by strand with emphasis on future activities and achievements made so far. The Steering Committee meeting was immediately preceded by two conferences, included within the Joint Programme: The Conference "Long term policies for ensuring the sustainability of the Magistrates' School" (Tirana, 15 March 2004) and The Sixth Conference on judicial and legal reforms in Albania (Durrës, 16 March 2004). The conclusions of the two conferences are appended (appendix 3 and 4 respectively). General remarks The Joint Programme Albania IV, which will be carried out over a 2 year period, is already 4 months into implementation. It was agreed by the participants that the activities have commenced well and that the level of expenditure is in line with the budget expectations (17 per cent of the resources have already been spent or committed). The Programme Manager, Ms Alba Ibrahimi, stated that the appointment of CoE Joint Programme experts has progressed well. The only delay so far was caused by staff changes in the Bailiff's Office. The European Commission and Council of Europe participants affirmed their satisfaction regarding the visibility of the Joint Programme, for which the CoE Information and Documentation Office in Tirana has and will continue to have an important role. The discussion was structured around the five mains objectives of the Joint Programme: 1. Ensuring the sustainability of the Albanian Magistrates School.

3 3 2. Supporting the development of organisation and training of judicial and legal professions. 3. Strengthening and supporting lawyers and civil society organizations involved in the field of human rights awareness raising and as first actors to use the Council of Europe standards, in particular ECHR, at domestic level. 4. Assisting and training judges in securing the effectiveness of ECHR in domestic legal practice and in making constructive use of European Court of Human Rights case law. 5. Improving the capacity of human rights NGOs to participate in domestic dialogue concerning human rights. II. Conclusions by objective 1. Ensuring the sustainability of the Albanian Magistrates School The Director of the School stated that the School is pleased with the progress of the Joint Programme support. The participants appreciated the activity of the School and the work of the Council of Europe s resident expert. They agreed that this institution is developing in the right direction. The participants underlined the necessity to follow the relevant conclusions of the "Conference on long term policy for ensuring the sustainability of the Magistrates School", which took place on 15 March The consolidation phase, in which the Magistrates' School has entered, requires more reforms and appropriate means to enhance the qualitative development of the institution. The Participants agreed that a further assessment of this part of the programme would be done in the light of these conclusions. The Director of the School outlined some of the future activities: - trainings on the European Convention on Human Rights with the support of Council of Europe experts, - creation of a theme-specific expert networks and of a strategic mid-term plan. The Director made a request for the students of the school to visit Strasbourg, notably the European Court of Human Rights. This request will be examined by both the European Commission and Council of Europe (by autumn 2004). 2. Supporting the development of organisation and training of judicial and legal professions For completing the operational framework law for the judiciary, the Albanian authorities, the judges and prosecutors are working together with the support of the Council of Europe's experts. It is expected that this work be completed before the autumn 2004.

4 4 In order to develop an efficient training curriculum for Court Chancellors, Council of Europe representatives stated that its experts needed a more structured proposal from the Albanian authorities. The participants agreed that the project regarding the reform of the system of Bailiffs was in the right direction. They recalled the conclusions of the Sixth Conference on judicial reforms in Albania on this issue, especially on the full completion of the ongoing cooperation towards the re-organisation of the mechanisms for enforcing court decisions and improving the quality of the Bailiffs system. The Steering Committee supported the implementation of the normative framework for the organisation of the Bar Association, for which training activities will be organised for the preparation of lawyers. Material support will be made available for the Bar Association within the next few months. Regarding the reform of the notary system, a draft law has been completed and forwarded to the Parliament before the Council of Europe's experts had been able to comment on it, which challenges the initial plans within the framework of the Joint Programme. The participants agreed to re-orient this part of the project, if necessary, towards a more concrete implementation of the new framework. The participants estimated that a part of the budget for reforming the notary system would not be spent. It was agreed that this unspent budget could be reallocated to other activities of the JP Albania IV, according to needs yet to be identified. The programme on upgrading the teaching quality level in the Law Faculties started in January 2004, for which a programme advisor has been appointed. In order to get an overview of the current situation of the Albanian Law Faculties, a mission took place in Tirana from 3 rd to 6 th February 2004, where preliminary contacts were made with the Albanian authorities and representatives of the international organizations concerned with the Albanian Law Faculties. A follow-up expert mission was then organised in Albania from 8 th to 17 th March 2004, to identify the main problems in the mechanism of this system and to determine the guidelines of the project in order to set up an action plan for the implementation of the 18-month project. At the end of their mission, the experts considered that they did not have enough elements to do an assessment of the Albanian Law Faculties; they decided to organise a complementary mission on the Albanian Law Faculties, to take place at the end of May At this point in time, it is envisaged that the future activities planned within the programme on the Law Faculties might concern the reform of curricula, the training of teachers, organisational and administrative matters. The planned reforms of the Law Faculties in Tirana and Shkodra will be appropriate frameworks for the Joint Programme assistance to support the Bologna process and the development of the new Law Department in Vlora.

5 5 3. Strengthening and supporting lawyers and civil society organizations involved in the field of human rights The activities of this part of the Joint Programme Albania IV started in April A full training programme (workshops for trainers of lawyers on curricula and methodology for training) is planned. The Council of Europe experts, Albanian lawyers and representatives of NGOs are currently preparing the structure and the items to be covered during these training sessions. The participants remarked that there is insufficient input by Albanian lawyers and the civil society in the implementation of the European Convention on Human Rights. Following this observation, a number of training sessions for lawyers will be organised. It was decided that a number of moot court workshops could be organised for the Albanian students within the JP. It was agreed that the organisation of the training on human rights is well underway and that the Council of Europe will send the appropriate documentation and publications in Albanian. 4. Assisting and training judges in securing the effectiveness of ECHR in domestic legal practice and in making constructive use of European Court of Human Rights case law Two training sessions for Judges have already take place one in December 2003 and the other in January Two more training sessions will be organised before February 2005 on selected articles of the ECHR. 5. Improving the capacity of human rights NGOs to participate in domestic dialogue concerning human rights The Albanian Human Rights Centre in Tirana will organise a seminar with NGOs and the Government Agent Office on human rights standards in May or June At the Steering Committee meeting, the NGO representative, along with the other participants, supported the idea of creating a network that would facilitate Human Rights cooperation between the different NGOs in Albania. III. Specific proposals The representative of the Ministry of Justice made a formal request for a resident expert in the ministry. The Steering Committee agreed that the request needs to be addressed but that there may be possibilities to do so outside the scope of the Joint Programme (possibly within the EC Justice Assistance Mission). It was agreed that the Ministry of Justice would prepare a draft terms of reference. The Government s Agent wished to introduce a specific item in the Joint Programme activities on training civil servants from the Government s Agent Office. The

6 6 Steering Committee decided to examine the possibility of reallocating funds for this activity and make a concrete proposal before the next Steering Committee meeting takes place. IV. Programme Management Coordination among the Albanian partners was an issue that surfaced several times. It was agreed that the Albanian stakeholders would have to nominate a representative/contact person for this Joint Programme, to gather information from the other partners, to represent them at the Management Committee meetings, and keep them informed of the meeting results. A proper functioning of the Management Committee can only be ensured if each of the main Albanian institutions nominate a representative. It was also agreed that the Management Committee should convene 2-3 times between the six-monthly Steering Committee meetings. It was recommended to organise a Management Committee meeting in the weeks preceding the Steering Committee meeting, which would help define the main points of the agenda. It was decided that the next Steering Committee meeting should take place well before the end of the year, in October Finally, the website < > contains information about the activities of the programme and all participants were reminded of the usefulness of this tool.

7 7 Appendix 1 I. Introductory interventions 1 st Steering Committee meeting European Commission and the Council of Europe Joint Programme - Albania IV Tirana, 17 March 2004 (9h00-12h00) Venue: Information Centre of the Council of Europe Pallati i Kulturës, Kati I, Sheshi Skënderbej Agenda II. Overview of the programme s objectives III. Status Report on the implementation of the Joint Programme Albania IV Current status, future activities and proposed changes by strand: 1. Sustainability of the Albanian Magistrates School. 2. Development of organisation and training of judicial and legal professions. 3. Strengthening and supporting lawyers and civil society organizations involved in the field of human rights. 4. Assisting and training judges in securing the effectiveness of ECHR in domestic legal practice and in making constructive use of European Court of Human Rights case law. 5. Improving the capacity of human rights NGOs to participate in domestic dialogue concerning human rights. IV. Other issues V. Conclusions

8 Appendix 2 8 1st Steering Committee meeting European Commission and the Council of Europe Joint Program - Albania IV CoE Information and Documentation Office Pallati i Kulturës, Kati I, Sheshi Skënderbej Tirana, 17 March 2004 (9h00 12h00) List of participants ALBANIAN REPRESENTATIVES 1. Mr. Adrian DVORANI, Director of the Codification Department, Ministry of Justice 2. Mr. Fatos BUNDO, Director of the CARDS Permanent Unit, Ministry of Justice 3. Mr. Toni GOGU, Director of Public Relations Department, High Council of Justice 4. Mr. Sokol PUTO, Head of the Governmental Agent Office, Ministry of Foreign Affairs 5. Mr. Riza PODA, Commissioner, Peoples Advocate office 6. Ms. Ariana FULLANI, Director of the Albanian Magistrates School 7. Mr. Ledi BIANKU, Executive Director, Centre for European Studies DELEGATION OF THE EUROPEAN COMMISSION 1. Mr. Gavin EVANS, Head of Operations Section I, EC Delegation in Tirana 2. Ms. Marta ONORATO, Task Manager for Justice Affairs, Operational Section I, EC Delegation in Tirana COUNCIL OF EUROPE 1. Mr. Roberto LAMPONI, Director of Legal Cooperation 2. Mr. Guy-Michel BRANDTNER, Special Adviser, CoE Tirana Office 3. Mr. Stéphane, LEYENBERGER, Programme Coordinator, DG I 4. Mr. Fredrik HOLM, Coordinator South-Eastern Europe, DSP 5. Ms. Eva KONECNA, Programme Advisor, DG II 6. Ms. Delphine FREYMANN, Programme Advisor, DG I 7. Ms. Diana RADU, Programme Advisor, DSP 8. Ms. Alba IBRAHIMI, Legal and Human Rights Officer, CoE Tirana Office

9 Appendix 3 9 "Long term policies for ensuring the sustainability of the Magistrates' School" Conference with the Board of the Albanian Magistrates' School organised within the within the framework of the Second Action Plan for the effective functioning of the judicial system Tirana, 15 March 2004 Conclusions The Board of the Albanian Magistrates' School, the representatives of the relevant executive and judicial Albanian authorities and the "Friends of the Albanian Magistrates' School" met in Tirana on 15 March 2004 within the framework of the Second Action Plan for the effective functioning of the judicial system to discuss the necessary measures for ensuring the continuity and the sustainability of the Magistrates' School. Participants in the Conference agreed on the following points: 1. While commending the existing legal framework, which allowed the credibility of the School throughout the years, the Participants supported further amendments to the relevant legislation on the School to improve its qualitative development, taking into account the valuable acquis. To that extent, they called on the development of an efficient consultative process involving all the institutions concerned and addressing in particular the issues mentioned below. 2. They commended the Albanian government for the regular and substantial increase in the School's budget since 1997 and welcomed the commitments by the Ministry of Finances to pursue the increasing trend on the basis of a concrete School's strategy and include it into the mid term State budget programme. However, they underlined that this budget remained partially dependent on international support. While welcoming these essential contributions from international partners, they acknowledged that the School should be able, in a foreseeable future, to bypass this transitory period towards a self-sustainability guaranteed by the State. They took note that the withdrawal strategy of international partners had not been conceptualised yet and encouraged the relevant authorities to take measures (including an appropriate timeframe) to that extent, without hampering the development of the School's training capacities.

10 10 They stressed in particular that any further reform on the School's legal framework should inter alia aim at organising more efficient mechanisms and procedures for preparing and adopting the School's budget according to objective parameters. 3. The Participants noted with satisfaction that all the School's graduates had been offered positions of judges and prosecutors so far and that some of them were appointed as head of court. They firmly recalled that the School should be the ordinary and prevalent way of appointing judges and prosecutors, on the basis of their merits, and that judicial appointments out of the School's graduates should remain exceptional (in particular to attract to the Albanian judiciary graduates from foreign countries) and clearly regulated; the School should in any case play a role in the training of judges and prosecutors appointed through this exceptional procedure. They recommended that a strengthening of the relevant legislation be studied to that extent. To ensure that the School continues playing this essential role, the Participants called on the relevant executive and judicial authorities to consider carefully the foreseeable vacancies within the judiciary and organise the recruitment of students accordingly. They warned that in no case should this recruitment be limited because of exceptional judicial appointments out of the School. 4. Consolidation of the Magistrates' School is tied with the improvement of the initial training. The Participants called on Albanian authorities to increase the number of teachers, to be selected according to the educational objectives of the School, appropriate criteria of qualification and integrity, and representing all generations operating within the judiciary. They recommended the organisation of an improved articulation between the fundamental legal education of the law faculties and the School's teaching. 5. The Participants recommended studying the extension of the legally mandatory continuous training to all judges and prosecutors and suitable procedure to ensure the full attendance of continuous training courses. They supported an in depth analysis of the courts' needs so that a pluri-annual targeted training plan can be established, with full ownership from the School and the Albanian judiciary. This should include inter alia the case law of the Supreme Court as well as international legal commitments undertaken by Albania. It should take into account the need for an appropriate coordination with international partners as well as their progressive withdrawal. They recommended the appointment among the judiciary, in each judicial district, of a School's contact person entrusted with ensuring the correspondence between the magistrates' expectations and the School's training offer as well as the smooth implementation of the continuous training. They also encouraged the School to develop new pedagogic tools for the continuous training. 6. The Participants supported the setting up of a School's Scientific Council aimed at following the substantial training activities of the School and advising the School's teaching staff and the Board accordingly.

11 11 It should also support the development of the School as a scientific judicial centre for the benefit of the Albanian legal community. The High Council of Justice and the Prosecutor General's Office should take necessary measures so that judges and prosecutors can participate in these academic activities of the School. 7. The Participants recalled as well the need for developing a more structured training for court chancellors and court staff to support judges' work and improve the quality of judicial procedures. This should involve both initial and continuous training. They took note of the agreement passed between the Ministry of Justice and the Magistrates' School to that respect. They underlined that such extension of the training delivered by the School should be accompanied by the relevant means (financial support, human resources, infrastructures) to be provided for by the Ministry of Justice, as the current School's capacities remain limited. 8. The Participants recommended that the competent judicial and executive authorities draw on the above-mentioned elements to draft a comprehensive mid term and long term policy for the Magistrates' School, to accompany the progressive withdrawal by the international partners. The international partners of the School reaffirmed their commitment to support the implementation of such a policy.

12 12 Appendix 4 Sixth Conference on judicial reforms in Albania within the framework of the Second Action Plan for the effective functioning of the judicial system Durrës, 16 March 2004 Conclusions adopted by the Participants Within the framework of the Second Action Plan for the effective functioning of the Albanian judicial system signed on 23 May 2001 by the Albanian authorities and the representatives of the European Commission and the Council of Europe, relying on the acquis of the first Action Plan and the establishment of the institutional and legislative framework of the judicial system, on the basis of the Conclusions of the Saranda Conference (10 11 February 2003), bearing in mind the commitments undertaken by Albania on becoming a member of the Council of Europe, taking into account the Stabilisation and Association process with the European Union and the objectives of the European Commission's CARDS programmes, and the subsequent need to pursue the reforms in view of complying with the acquis communautaire, which includes several Conventions of the Council of Europe, the Sixth Conference on judicial and legal reforms in Albania was convened in Durrës on 16 March The Participants agreed on the following points. 1. The Participants welcomed progress achieved in the modernisation of the legal and judicial system since the 5 th Conference, such as the improvements in the salaries of judges and prosecutors; the adoption of a new law on advocacy, a new family code; the reforms in the criminal field, and in particular the establishment of courts for serious crimes, the adoption of legislation against money laundering, trafficking in human beings, witness protection and terrorism according to European standards; and the implementation of special investigative means.

13 13 2. They underlined that some essential conditions for the proper implementation of the existing legislative framework and the full operation of a comprehensive and coherent judicial system are still to be fulfilled. Therefore the consolidation phase of the judicial system and the reinforcement of its credibility vis-à-vis the Albanian citizens should remain an essential priority in the agenda of the Albanian authorities. 3. The relationships between the judiciary and the executive branch of the power (responsible for the smooth operation of the judicial system vis-à-vis the Albanian citizens) are regulated by the Constitution and by the law, whose compatibility with fundamental European standards has been recognised. However the Participants stressed that these relationships should be further reflected to improve the quality of the judicial system and to answer the citizens' expectations vis-à-vis the effective functioning judicial system. While judicial independence must remain the milestone for any further reforms, quality and efficiency must be the every day concern of all those involved in judicial issues in the completion of the normative framework, the development of administrative reforms and the day to day cooperation between powers and institutions, according to the obligations and responsibilities provided for by the law. 4. To that extent, the Participants recognised the specific role of the Ministry of Justice, which has the task under the Constitution and the law to promote, develop and implement general policies of the government for legal and judicial reforms in Albania. They agreed to intensify the cooperation to support the full implementation of its missions, both as regards normative (including the approximation of domestic legislation with the EU acquis) and judicial issues. They agreed that a European expert could be usefully seconded to the Ministry to support it in this task on the basis of European standards. 5. The Participants also recalled in particular the essential role of the High Council of Justice, as one of the guarantors of judicial independence, in the necessary dialogue between powers and in further improvement of judicial ethics and professional integrity within the judiciary, key elements towards a better quality of justice. 6. They insisted on the importance of the proper functioning of the inspection services of the judiciary, as ruled by European standards and as provided for by the Albanian laws on the High Council of Justice and the Ministry of Justice. They supported the ongoing cooperation for defining concrete and detailed modalities for the evaluation of judges work while guaranteeing judges independence and called on the Albanian authorities to finalise and implement these modalities as soon as possible. 7. The Participants welcomed as well the ongoing cooperation with the Office of the Prosecutor General in view of setting up modalities and criteria for evaluating the work of the prosecutors, which can contribute to improve the quality and efficiency of the judicial system and encouraged the Albanian authorities to complete and implement this system as soon as possible. 8. Referring to the conclusions of the previous Conferences, the Participants reiterated their call on international donors to pay a particular attention to the material situation of the judicial system in Albania, as increasing the financial means dedicated to the judiciary remains essential for enabling the system to function efficiently.

14 14 9. The Participants commended the developments in the fight against corruption within the judicial system since the last Conference such as the initiation of the Triangle Committee procedures between the Prosecutor General's Office, civil society and the Anti Corruption Unit. They supported the proposed draft amendment to the Criminal Code and Code of criminal procedure with relevance to corruption and economic offences. They encouraged Albanian authorities, including judges and prosecutors themselves, to pursue and intensify their actions, in the light of the relevant European Conventions to which Albania is a party, taking duly into account the recommendations of the GRECO and the actions undertaken within the framework of the PACO programme, such as the improvement of Case Management within the prosecutorial services. 10. As regards the Action Plan's objective for improving the quality of legal norms and the coherence of the legislative process, the Participants welcomed the forthcoming setting up by the Albanian government of a National Commission for Legislative Reforms entrusted to ensuring the coherence of the legislative system both among the domestic norms and with the European and international commitments undertaken by Albania and to promoting and implementing transparent mechanisms to ensure the appropriate information and participation of the public in the legislative process. They called on the international community to support the work of the Commission. 11. The Participants acknowledged the key role of the Ministry of Justice in the training of legal drafters and the relations between the institutions involved in the legislative process. 12. They supported the rapid finalisation of the Manual on law drafting techniques and called on the relevant executive and legislative Albanian authorities to give to this handbook full publicity among law drafters so that it is used as a tool for systematising the legislative process as well as the articulation and coordination of the legislative work. 13. They reiterated their support to the functioning of the State Publications Centre, as an essential tool of legal information and transparency of legal and judicial policies and welcomed the recent measures aimed at strengthening legal transparency and distribution mechanisms and supported the publication of the judicial magazine "Drejtesia" (Justice). They called on the international community to further cooperate with the development of legal information. 14. An efficient judicial system organises an effective and equal access to courts for the citizens. 15. Therefore the Participants agreed to keep the cooperation with the Bar associations high in the agenda of the Action Plan. They welcomed the completion of the normative framework. However they underlined that the proper implementation of the Code of ethics of lawyers would not be effective without setting up and enforcing appropriate internal mechanisms, including those aimed at supporting the smooth implementation of judicial proceedings. To that respect, they also recalled the duties of the court administration to provide to the lawyers the relevant information for the proper exercise of the rights of defence. They encouraged an intensified cooperation with the Bar Associations, including in the field of training.

15 The Participants underlined the need to develop efficient mechanisms to offer legal aid to those citizens who do not have sufficient means to accede to courts. They recommended an intensified cooperation from the international community with the relevant Albanian authorities, including the Bar Associations, for the definition and the concrete operation of these mechanisms. 17. The Participants reiterated their recommendations for improving the implementation of the criminal procedure in particular as regards relations between prosecutors, judicial police and judges as well as their specific training. They underlined that specific attention should be given to pre-trial procedures, including pre-trial detention. 18. Access to court should also be facilitated to control the activity of the administration. The Participants noted that the proper implementation of administrative law depended namely on the knowledge of the citizens of their rights vis-à-vis the administration and encouraged further actions to that extent. 19. The Participants underlined the importance of developing enforcement procedures in civil and commercial matters and strengthening enforcement practice in particular as regards the role, organisation, status and training of bailiffs. They supported the specific Plan on Enforcement in particular as regards the proposed amendments to the Civil Procedure Code and actions concerning the Bailiff's Service related to, inter alia, the drafting of legally recognised enforcement fee scales and developing training and education of bailiffs. 20. The Participants re-affirmed their strong conviction that the quality of the judicial was closely linked to the improvement of the legal and judicial education. 21. Therefore, they underlined the need that mid term and long term policies are clearly defined and concretely implemented to guarantee the sustainability of the Albanian Magistrates' School. The consolidation phase in which the Magistrates' School has entered requires further reforms and appropriate means to enhance the qualitative development of the institution. This should be the common goal of all Albanian competent institutions. The Participants welcomed and endorsed the attached conclusions of the Conference with the Board of the School on "long term policies for ensuring the sustainability of the Magistrates' School", which took place in Tirana on 15 March The Participants also recalled the need for developing a more structured training for court chancellors and court staff to support judges' work and improve the quality of judicial procedures. This should involve both initial and continuous training. They took note of the agreement passed between the Ministry of Justice and the Magistrates' School in that respect. 23. The Participants were reminded that the training should not be limited to the judiciary and should give due consideration in particular to the necessary development of the Law Faculties. To that extent they welcomed in particular the ongoing cooperation project carried out by the World Bank as well as the new project launched by the European Commission and the Council of Europe and was looking forward to their full implementation.

16 The Participants remained fully committed to continuing the cooperation to ensure the effective and efficient functioning of the judicial system, and recalled the need for appropriate coordination among international initiatives. They agreed to pursue the implementation of the Second Action Plan, relying in particular on the CARDS programme and the Joint Programme IV between the European Commission and the Council of Europe. The Participants tasked the Council of Europe s Secretariat and the European Commission to review the Second Action Plan in the light of these conclusions, in close cooperation with the Albanian authorities and the international partners.