SQ
EN
The School of Magistrates, on 2 June, 2025, had the training activity on topic: “The reasoning of the decision regarding safety measures. Compulsory elements of the decision of the safety measure. Legal anticipation of the invalidity because of the absence of the reasoning of the decision. Consequences of the declaration of the invalidity. Judicial practice regarding the treatment of cases of the invalidity because of the absence of the reasoning of the decision.”
This activity was conducted by:
Experts: Sandër Simoni and Genti Dokollari
Facilitator: Oltiana Çifliku
The purpose of this training is:
To consolidate the knowledge of magistrates on the importance of the reasoning of judicial sentences that imposes safety measures, being focused on the essential elements that should have such a decision. The training intends to explain the legal basis that foresees the invalidity of the decision because of the lack of reasoning, as well as legal and practical consequences that derive from such invalidity. Through the analysis of the judicial practice, participants will be provided with cleared standards on the method of the composition and motivation of decisions, contributing to the increase of quality, transparency and legitimacy of the judicial process.
The training was realized by combining presentations (up to 20 - 30 min) with the discussion of issues brought for discussion (self-study questions, questions, answers) and case law exercises & quizzes to encourage and realize the active interaction of participants.
In this training activity were elaborated different topics, such as:
- International and constitutional standards of the judicial sentence and specifically of the decision on safety measures. Obligation on the reasoning of the decision of safety as a constitutional and legal obligation. Compulsory elements of the decision of the measure of safety.
- The legal anticipation of invalidity because of the lack of the reasoning of the decision. Elements of control as a cause of the examination of the appeal to the court of appeal.
- International and constitutional standards of the judicial sentence and specifically of the decision on safety measures. Obligation on the reasoning of the decision of safety as a constitutional and legal obligation. Compulsory elements of the decision of the measure of safety.
- The legal anticipation of invalidity because of the lack of the reasoning of the decision. Elements of control as a cause of the examination of the appeal to the court of appeal.
In this training activity participated judges and prosecutors, of the Republic of Albania.
