Training activity: 18 December 2025

The School of Magistrates, on 18 December, 2025, had the training activity on topic: “Incidental constitutional control. Conventory control by the judge of common jurisdiction: the role of the common judge for the direct application of conventory and constitutional standards, of the jurisprudence of ECtHR and of the CC; Binding and obedient authority in the jurisprudence of the ECtHR and of the CC; reasoning in judicial sentences and   conciliatory interpretation; elements and balanced reasoning; control through conciliatory interpretation. Control through the putting into motion of the constitutional trial; conditions, criteria and its effects in the guaranteeing of the rule of law." 

This activity was conducted by: 

Experts: Sokol Sadushi  and Sokol Berberi 

The purpose of this training is: to develop knowledge and capacities of judges to exercise the conventory and constitutional control, according to the case in practice, through the direct application, conciliatory interpretation and the application of constitutional incidental control. 

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: 

• Balance of the control of constitutionality and legitimacy;
• Boundaries and jurisdiction of the courts of common jurisdiction in cases of constitutionality;  
• Jurisdiction of constitutional courts in cases of legitimacy;
• Jurisprudence of the Constitutional Court  as binding authority; 
• The determining of binding standards from the jurisprudence of the Constitutional Court; 
• The direct application of the jurisprudence of the Constitutional Court from the judge of common jurisdiction; 
• Incidental constitutional control, conditions and criteria;
• The examination of the application of the judge for the control of the constitutionality of the law from the Constitutional Court; 
• The effects of the decisions of the Constitutional Court at the end of the incidental control. 

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