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EN
The School of Magistrates, on 9 June, 2025, had the training activity on topic: “The judgment in the counseling room of appeals versus the decisions of the phase of preliminary investigation. Invalidity of the decision. Limits of the examination in the appeal and the restitution for re-judgment of issues that is examined in the counseling room. The invalidity of the judicial decision as cause for the annulment of the decision. Cases of the invalidity. The lack of reasoning because of the abrogation of the decision.”
This activity was conducted by:
Experts: Elona Toro and Sokol Pina
The purpose of this training is:
The improvement of theoretical and practical skills for the treatment of judicial cases to the counseling room; the evidencing and analysis of judicial problematic regarding the examination of he case to the counseling room; the invalidity of decision; limits of the examination to the appeal and restitution for the rejudgment of cases that are examined to the counseling room, because of the lack of the reasoning of decision, etc. It is intended that participants should become familiar with the legal problems and problems of judicial practice; to be discussed and to be provided the best solutions accepted from jurisprudence.
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:
- Features of trial in the counseling room;
- Problems related to the having of a process verbal from the judicial secretary; report; determination of cases that can be examined in the counseling room; the guarantee of a fair legal process, through the notification of parties, etc., and relevant consequences; the obtaining of new evidence, appeal for the clarification of parties;
- The treatment of cases of the invalidity of the decision taken in the counseling room, because of the violation of the fair legal process, the lack of reasoning, etc.;
- Theoretical elaboration and the analysis of jurisprudence on the standard of reasoning and of the sufficiency of reasoning, because of the annulment of the court decision.
In this training activity participated judges and prosecutors of the Republic of Albania.
