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History remarks
The period 1913-1920
marks the first steps towards the creation of the institutions of the new Albanian state.
The Assembly of Vlora and the Government of Ismail Qemali took measures about the
re-organization of justice in the new independent state. With the “Kanuni i Zhurise”
(Canon of Jury) , approved in 1913, was predicted the creation of “Court of Dictation”
and also the courts of first instance of Sub-prefectures , which were competent on judging
the civil cases and offences, and also was created the court with a jury, where representatives
of the people judged the penal cases. This system, that was applied in a case of Elbasan,
did not give the expected results, as a result it was cancelled by a decree, date 4 June
1914, when was put in application the law about the courts of justice in Albania, in base
of which the Initial, Appeal and “Dictation” courts were created.
Also, by decree date
4 June 1914, were made some small changes in the organization of justice of 1913.
Period 1920-1939
During the years 1920-1939
the main problems in the justice field, that represented a great importance to our state, were
the legal reform and the re-organization of the judicial institutions and the qualification
of their staff. Independently of the fact that the first steps were done with “Kanuni i Zhurise”
in the years 20 started to be crystallized better the organization and the functioning of the
judicial system.
Until 1925 the process in
the civil and penal cases was managed by:
The 1st level Courts, which were
divided in Initial courts and Collegial Courts.
The Court of Dictation, ( this
was the nomination of the Supreme Court) which was divided in Civil Chamber and Penal
Chamber
The Courts of Peace were
organized in every sub-prefecture’s center and in base of such organization were divided in
Courts of Peace of the 1st, 2nd and 3rd level.
The Courts of Peace and
the Initial Court were constituted by one judge and the Collegial Courts were constituted
by one judge (the Initial Judge) and two Members.
Every branch and Court of
Dictation was composed by the Chairman, four Members and one Assistant-member.
By decree-law on the
organization of the courts of justice, date 2 may 1925, the Courts of Justice were
organized in:
Appeal Courts
Dictation Courts (Supreme Court),
with its center in the capital.
The Dictation Court was
still organized in two Chambers:
1) The Civil cases Chamber;
2) The Penal cases Chamber.
One Chairman, four Members, one
Assistant-member, one Chief secretary and the necessary number of secretaries constituted every Chamber
of the Dictation Court clerks and servants. Near to the this court were situated one Chief prosecutor, one
Assistant Chief prosecutor, one secretary, one keeper of records-archivist and one servant.
Each of the Chairmen of the
Dictation Court presided his Chamber, but in case of the general meeting, the position of Chairman
belonged to the Chairman of the Civil Chamber.
During the period 1920-1940,
the Dictation Court is known for its decisions of a high professional level, in a regular trial process.
In the decisions of the Dictation
Courts can be noticed the high quality and the scientific and convincing argument. General characteristic of
the judicial practice was that the judges made efforts to protect the courts independence
in distributing justice. In its decisions, the Dictation Court has showed its honesty and impartiality.
Period 1944-1990
The law for judicial organization of
1951 divides the Supreme Court into juridical colleges:
Civil college
Military college
Disciplinary college.
Every College judged its own cases
of material competence with a panel composed by the Chairman, one member of the Supreme
Court and two assistants.
Interesting is the fact that the
Disciplinary college used to deal with disciplinary records of popular courts, chairman and members of
military courts, members of Supreme Court with a jury made of 1 Chairman or the vice chairman and 2 members
of Supreme Court appointed by the Chairman.
Supreme Court judged in its
plenum composed of the chairman, vice chairman and all the members of the Supreme Court.
The directions if the Plenum of the
Supreme Court like the whole judicial thought were directed by the policy and the ideology of
the communists regime.
Especially, this influence has
affected seriously the penal aspect, with wide interpretations on Penal Code. The generalizations
of the judicial practice made by the Supreme Court have served to orientate the lower level courts so
they can judge cases according the political imperatives, the ideology and that time legislation of a
dictatorial state.
Also the Plenum of the Supreme
Court have issued directions in civil, familiar, heredity,
labor
and
procedural matters.
After 1990 period
The collapse and fall of totalitarian
communist system brought great necessary changes in all fields of life and an adoption of contemporary
judicial systems. Important changes were needed also in the area of Justice so an independent judicial
system could be applied in for a justice which will be focused on the principles of legacy and equality
of people in front of the law based on full respect of justice.
With law 7491 dated 29.04.2001 “About
the main constitutional dispositions,
People’s Assembly decided that the Court of Cassation, Courts of
Appeal, Courts of first instance and Military courts would compose the judicial system in Albania. As we
see the name of Supreme Court has changed into Court of Cassation, which is the highest judicial authority.
According to this law People’s assembly upon President’s proposal elects Chief Justice and his vice.
Judges are elected by People’s Assembly
once in 7 years and reserve the right to be reelected.
Court of Cassation cannot deal with any
matters of first instance, whereas regarding matters of second instance only when provided by law.
Today, the Supreme Court of the Republic
of Albania function based on law nr. 8588, dt. 15/3/2000: “On the organization and functioning of the Supreme
Court of the Republic of Albania”.
It is organized in a Civil and Penal panel
and also in Joint Panels which judge cases defined by law. On the conditions of the new democratic system
towards a democratic and united Europe the Supreme Court of the Republic of Albania continues its efforts for
the application of the principles of the state of law.
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