27.03.2025 - Training activity: “Judicial practice regarding procedural preconditions and solution on the merits of the problems presented regarding cadastral acts.”

The School of Magistrates, in cooperation with the Council of Europe, on 27 March, 2025, had the training activity on topic: “Judicial practice regarding procedural preconditions and solution on the merits of the problems presented regarding cadastral acts referring to the new legal regulation according to law no. 111/2018 and law no. 20/2020. The limits of judicial review and methods of the availability of the court in the resolution of disputes in relation to cadastral acts.”  

This activity was conducted by:   

Experts: Elda Vrioni and  Sokol Pina

Facilitator: Hazbi Balliu 

The purpose of this training is: 

For participants to be known with the innovations and legal problems of the judicial practice; to be discussed and to be offered interpretations and the best accepted solutions of 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:  

• Steps of the registration of real estates according to law no. 111/2018 and kinds of titles that are registered; The importance of the administrative appeal;
• The state of the restriction of registered property; 
• Specifics of the judicial process with object the illegitimacy of  AMTP and procedure of the legalization of the informal object in report with the rights of the owner who is not a possessor under law no. 20/2020; 
• Functions of transcript – registration of titles; the non-registering of property and the violation of the property right; 
• The report between the lawsuit for the claim of the object and the process of legalization; 
• Disputes on the rights for constructions that are legalized (Article 26 of law  20/2020);
• Resolution of disputes deriving from false overlapping; 
• Judicial practice regarding the formal conditions of lawsuits with legal basis laws   111/2018 and  20/2020; 
• Illegitimacy of AMTP in the view of law 20/2020 and obligatory co-litigation;
• Aspects of the legitimacy of the order of restriction; 
• ASHK competences in the evaluation of the legitimacy of titles of ownership in the process of registration;    
• Litigation as party of ASHK in judicial processes deriving by law no. 111/2018;
• Subject competence on disputes that derive for the creation of the object in legalization and the role of ASHK, in the commitment of actions for the legalization of object; 
• Applicable law for the criteria of the legalization of the object.

In this training activity participated judges of the Republic of Albania.