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SECRETARIAT GENERALSECRETARIAT OF THE COMMITTEE OF MINISTERSSECRTARIAT DU COMITE DES MINISTRES

Contact: Simon PalmerTel: 03.88.41.26.12

Date: 16/11/2011

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 contreAlbanie (Requte n 18381/05) (Anglais uniquement).

*In the application of Article 21 b of the rules of procedure of the Committee of Ministers it is understood that distribution of

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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

1. This case concerns applicant Mirela Mishgjoni, who has complained about excesive delays of

administrative and judicial proceedings relating to the enforcement of Constitutional Courtdecision date 12.11.2004, which decided the unfairness of the proceedings concerning herdismissal 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 13in conjunction with Article 61, in regard to the lack of an effective remedy in respect to the

length of those proceedings.

2. More concretely, the Constitutional Court ruled on annulment as unconstitutional of Decisionno.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 herduty 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 HighCouncil 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 thefunction 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 theSupreme 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 formerduty. 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 herEUR 2,000 for non-pecuniary damage and 1000 euro for costs and expenses. Also, the Court hasnot 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 DistrictCourt of Vlora, the authorities consider that no other individual measures are necessary.

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2) GENERAL MEASURES

5. Criminal Procedural Code has been amended by law no.10052, date 29.12.2008, aiming toattain 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 ofproceedings according to the provisions of Article 6 of European Convention.

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 improvingcommunication and access to information on judicial sessions, judicial decisions, and the current

state of proceeding.

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 Criminalprocedural Code, in compliance with the EU directives, on excessive length of proceedingsaiming 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 andexcessive length of proceedings when do not appear in the judicial sessions on purpose.

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 ofMinisters during the last three months of year 2011.

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 carriedtwo thematic inspections on the excessive lengths of judicial proceedings. One of the

inspections has been finalized with the adoption of a report reflecting the malpracticesidentified 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, andthe 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 discerndeficiencies 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.

3) JUST SATISFACTION

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

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