Training activity: “The right to property. Judicial jurisdiction in resolving disputes in this area. The jurisprudence of the ECtHR”

The School of Magistrates, in cooperation with the Council of Europe, on 13 November, 2025, had the training activity on topic: “The right to property under the focus of the law "On the restitution and compensation of properties" even in the constitutional aspect. Judicial jurisdiction in resolving disputes in this area. The jurisprudence of the ECtHR: The right of ownership according to the Albanian constitutional jurisprudence. National and ECtHR jurisprudence on Article 1, Protocol 1 of the ECtHR.”

This activity was conducted by:  

Experts: Marsida Xhaferllari  and  Viktor Gumi

Facilitator: Amarilda Sulaj

The purpose of this training is : To provide magistrates with a complete theoretical and practical framework on the right to property, by combining the analysis of constitutional, legal and jurisprudential developments, with special focus on the process of restitution and compensation of properties in Albania. The training intends to consolidate knowledge on the Article 1 of Protocol 1 of the ECHR as well as with ECtHR standards regarding the legitimacy, public interest and proportionality, as well as to provide participants with capacities to direct and apply correctly the judicial jurisdiction in this field. Also, the training addresses the administration procedure of compensation, identified challenges of the ECtHR as well as legal instruments available to guarantee a fair, transparent and efficient 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:  

• The right of ownership and its limitations (expropriation) under the Article 1 of Protocol 1 of the ECHR, in the view of the ECtHR JURISPRUDENCE IN Albania. Principles of legality, public interest and proportionality. 
• Constitutional standards for the protection of the property right in the process of restitution and compensation of properties. Criteria of the limitation of the property right, fair reward and available protection instruments. Fair reward. The division of the constitutional jurisdiction from the judicial one. 

In this training activity participated judges and, legal assistants and state advocates of the Republic of Albania.