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The School of Magistrates, in cooperation with the Council of Europe, on 21 March, 2025, had the training activity on topic: “Expropriation as a way to lose/gain the right of ownership on real estates. The criteria that have to be accomplished by this procedure to guarantee the efficient respect of the constitutional right established in the Article 41 of the Constitution of the Republic of Albania. The evolution of the judicial practice of the Albanian courts and of the ECtHR. Other restrictions in the exercise of the right of property according to the Albanian legislation. Administrative procedures for the realization of the loss/gaining of the right of property on real estates and their registration, to registers of real estates in the administration of the State Cadastre Agency.”
This activity was conducted by:
Expert: Fiona Papajorgji, Arbena Ahmeti and Viktor Gumi
Facilitator: Erind Mërkuri
The purpose of this training is:
Sharing of the judicial practice of the High Court and of the Constitutional Court for judicial cases recently for expropriating within the constitutional and convention standards. Legal regulation after the amendments of the year 2020 in the specific law on expropriations and coordination between some regulations for the process of the registration of property rights. Standards imposed by the ECtHR on property rights and cases of the limitation of this right.
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:
- Method of the formulation of constitutional provisions that guarantee the right of property;
- Treatment of restrictions of property by the Constitutional Court in the way of the abstract control;
- Judgments on law no. 133/2015, on the management of property;
- Management of the restrictions of property from the Constitutional Court in the way of relevant control;
- Violation of property without correct legal process;
- Expropriations with/without public interest; The lack of fair reward;
- Violation of property as a material right;
- Presentation of judicial cases elaborated by the Constitutional Court;
- Legal elements, responsible state authorities as well as legal procedures for the realization of expropriation, under the best standards. Other restrictions of property rights according to specific laws;
- Judicial appeal on the measure of property reward object of compensation and judicial practice;
- Presentation of the necessity for the passage in unification of the judicial practice, regarding the term of the presentation of administration lawsuit in the case of the realization of expropriating procedures;
- Presentation of judicial cases considered in the Administrative College;
- Right to property according to Protocol no. 1 of the ECHR;
- Interferences in property ownership;
- Positive obligations of states;
- Jurisprudence of the ECtHR.
In this training activity participated judges, prosecutors, state advocates and lawyers of the Republic of Albania.
