Training activity: “The stay of the trial referring to the Article 299 of the Code of Civil Procedure” 28 October, 2025

The School of Magistrates, on 28 October, 2025, had the training activity on topic: “The stay of the trial referring to the Article 299 of the Code of Civil Procedure, specifically cases of the stay when enters in the judicial jurisdiction, as well as when the lawsuit cannot be done or when the judgment cannot continues. The difference from cases of the dismissal of the lawsuit.” 

This activity was conducted by:  

Expert: Dashamir Kore

Facilitator: Arjeta Lika 

The purpose of this training: 

The training of participants in training regarding judicial cases related to cases of the stay of the trial referring to the Article 299 of the Code of Civil Procedure.

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: 

• Historical view regarding the procedural institution of “the lawsuits that cannot be done.” Absolute procedural presumptions, as preconditions for the validity of the trial, consequences deriving from their certification in the judicial process such as litispendence, the lack of judicial jurisdiction, etc.; 
• The stay of the trial referring to the Article 299 of the Code of Civil Procedure, specifically in cases of the stay when the case does not enter in the judicial jurisdiction, as well as when cannot be done or when the trial cannot continue. The difference in cases of the refusal of the lawsuit; 
• The judicial practice in the interpretation that should be done regarding the procedural institute of the “lawsuits that cannot be done.” The assessment of the absence of the real active and passive legitimating of litigant parties, or the evaluation of formal/procedural legitimating, the availability at the end of a basic trial, the refusal of the lawsuit or the stay of the trial by qualifying the lawsuit as a lawsuit that cannot be done;
• Article 158/a/2 of the Code of Civil Procedure, the judge decides without establishing a preparatory hearing, if is verified one of the circumstances foreseen by the Article 299 of the Code of Civil Procedure. In the same manner, even the court of reviewing jurisdiction that examines the disagreement if have not acted court of the first instance immediately by noticing the obstacle and make available the non-final decision on the case. 

In this training activity participated judges and inspectors of the High Judicial Inspectorate (HJI) of the Republic of Albania.